Liberty University Could Face Liability for Failure to Shut Down for Coronavirus

[Demovictory9]

https://slate.com/news-and-politics/2020/03/liberty-university-coronavirus-shutdown-liability.html

The public health crisis created by the novel coronavirus has spun off myriad related problems—most notably, the accelerating collapse of the national economy. One story that’s not gotten the attention it deserves, though, is what will happen to those who acted irresponsibly during this challenging period. After we’re past the crisis stage of this pandemic, we could see a flurry of court cases on behalf of those sickened or killed through exposures that could have been avoided. To take one dramatic example: What if, for instance, an employer places workers at risk of infection by ordering them to work on-site when there are other, safer alternatives available?

Jerry Falwell Jr., the president of Liberty University in Lynchburg, Virginia, may find himself an unwilling participant in answering that question. In contrast to the approach taken by most universities—send everyone home and move to an online program—Falwell has “welcomed” students returning from spring break and initially told the faculty to return to campus unless they had a sound medical reason to stay away. Although they will now teach online rather than in front of classes, many instructors remain on campus. Those who do, of course, might need to travel to and from their offices, in apparent defiance of Virginia Gov. Ralph Northam’s order for nonessential businesses to shut down. Falwell and those who follow a similar path have set themselves up for possible negligence lawsuits.


Placing people in a dangerous position is the kind of careless—even reckless—behavior that fills first-year torts casebooks. Universities can be liable for failing to safeguard the health and safety of their students and for coercing their employees (faculty and staff) to assume needless risks. While the risk of COVID-19 infection is unavoidable for hospital employees during this pandemic (even if reasonable sanitation measures are followed), there’s no sound reason for a university to defy sensible public health directives by encouraging faculty and students to return to campus. (This is especially true since this return is taking place right after spring break, when it’s a sure thing that at least some students were congregating in massive, unsafe numbers.) Such defiance of public health messaging, as well as the contrary decisions of seemingly all other institutions of higher learning, could add up to compelling evidence of negligent conduct—failing to act like a reasonable person under the circumstances. And a jury that got its hands on such a case might even find that Falwell’s conduct went beyond negligence and was reckless—meaning that it could find that he consciously disregarded a known risk. If so, Falwell and Liberty University could be saddled with punitive damages too, because Virginia, like most states, allows punitive damages for cases involving reckless conduct (but not “mere” negligence). Other employers who present their workers with such choices could be similarly called to account.

Public officials might also be sued for placing people in danger, but these cases are much tougher to win.

[Eliot Rosewater]

1. If they dont die I hope they are sued into oblivion.

[drray23]

2. First off, the companies insuring his buildings and liabilities

Should give him an ultimatum and pull out if he does not shut down.

[Initech]

3. Good, fuck 'em.

I hope Falwell is broke and penniless after this.

[crickets]

4. +1

[pat_k]

6. +1

[gibraltar72]

5. I'm guessing their insurance policies are null and void.

That was my racket. Taking on a hell of a lot of risk. IMHO.

[struggle4progress]

7. "We thought about replacing Bingo Night with Russian Roulette, but this is even better!"

[DFW]

8. Don't shut it down. Shut it IN.

Pack as many people in there as possible. Make sure each one states that they WANT to be there. Then quarantine the place off with barbed wire and armed guards (since they think the Nazis included such good people, they should applaud the measure). Supply them with food and drink, and let them thrive under the Lord's protection. No "libbruls" here, what could possibly go wrong?