Insight

The Three Pillars to Reopening Your Business During Covid-19

The Three Pillars to Reopening Your Business During Covid-19

Roy D. Oppenheim

Roy D. Oppenheim

May 14, 2020 09:43 AM

As we slowly start to reopen the economy, whether you are a landowner, building owner, business owner, or tenant, you have some real issues to consider before you reopen your doors. While your goal is to get your business back on its feet and have your employees return, there are three considerations to address before taking the big plunge to reopening your business during the Coronavirus pandemic.

In my latest webinar, I discussed the following Three Pillars are before you reopen your business:

  1. Make sure that you follow the applicable guidelines and rules for your particular industry:
  2. Review your insurance policies to make sure that you have adequate insurance if someone attempts to sue you for contacting the coronavirus; and,
  3. Procure appropriate asset protection planning in the event insurance does not cover all your liability.

During the webinar, in order to explain potential issues that may arise in the workplace, we discussed other situations to exemplify risk. For instance, when one goes skiing, one agrees to assume the risk of what is effectively an inherently dangerous sport. When you buy your lift ticket, typically the back of the ticket has all these waivers of liability and an agreement that you assume the risk of skiing. This is a risk that you know of and you are able to measure your enjoyment of the sport with potential injuries that may occur from the sport.

Unfortunately, we never thought that walking into a restaurant, a supermarket, an office, or nail salon could require you to assume the potential medical risks that we currently face. Just months ago, there was no perceived inherent risk of simply walking into a store. While some may say sheltering in place is one way to avoid the Coronavirus, we simply do not know with 100% certainty how to fully avoid the risk of contracting the disease once we enter businesses, retail stores, or restaurants.

While we all can agree that the world has changed due to this pandemic, there are those among us that will think twice before entering retail or business spaces due to community spread. This potential risk may not necessarily be born by the property owner, proprietor, or business tenant especially if each strictly adheres to the CDC and OSHA guidelines. As a result, the property owner, proprietor, or business tenant may require you to sign a release of liability, or in the alternative, there may be signs posted in prevalent locations within the store, business, or restaurant indicating that you are assuming the risk of contacting COVID-19.

The property owner, proprietor, or business owner will still have obligations to follow the CDC and other applicable guidelines required in order to keep people safe. Even doing so, one’s liability may be somewhat reduced, but not necessarily ever eliminated. There is the possibility that one of your workers or customers unfortunately spreads the disease. Thus, it is imperative that the review of your insurance policies is evaluated carefully before you open, especially those provisions concerning protection from liability should someone become sick on your premises. While most liability insurance policies do not exempt someone getting sick from your business premises, insurance policies are constantly re-written to protect insurance companies and will carve out certain known risks going forward.

When you find that your insurance policy does not cover you, you will be in a similar situation many doctors who do not have insurance and post such signs in their waiting rooms notifying their clients. Should this be the case, you may wish to make sure that you have proper asset protection planning to protect you.

Again, we are living in an ever-evolving world due to this pandemic. We must be careful until such time as a vaccine is found and an effective treatment is accomplished. While our economy and our businesses are at risk, there are a myriad of issues that have emerged as a result of the Coronavirus. As you decide to reopen your business, you must make sure that you have competent legal counsel that is willing to advise you on the legal ramifications of opening, making sure that you are fully compliant with the necessary guidelines and that you have appropriate insurance in the event that something goes wrong.

Finally, you must make sure that your assets are titled and protected in such a way to avoid a cataclysmic event for you and your family. Our team at Oppenheim Law are here to assist you in reviewing these Three Pillars, and in helping you with your overall business needs.

Be safe and well,

Roy Oppenheim

From the Trenches

Oppenheim Law
2500 Weston Rd #404
Fort Lauderdale, FL 33331
954-384-6114
https://www.oppenheimlaw.com

originally posted at: https://southfloridalawblog.com/the-three-pillars-to-reopening-your-business-during-covid-19/

Related Articles

Infrastructure Restructure


by David A. Lum

Developers are embracing creativity and ESG to continue their real estate projects amidst a backdrop of inflation, supply chain demands and pipeline issues.

Two figures standing in construction site

Big Updates in the Big Apple


by Nina M. Roket and Thomas D. Kearns

A Post-COVID-19 update on the commercial market for landlords, building investors and retail developers in New York.

Abstract skyscrapers and buildings in multi-color

Does the Crystal Ball Predict a Fall?


by Kathleen Bernardo

In the post-pandemic climate, economists are making many predictions about what’s to come for the housing market. But one real estate lawyer with decades of experience says that this reset was crucial and not necessarily indicative of the doom and gloom we thought we were facing.

Multi-colored houses with purple backdrop

The Employment Pandemic


by Meredith Caiafa and Sarah Greene

The pandemic has had far-reaching effects on employment law since it officially took hold in 2020, but the litigation and lawmaking surrounding it are mutating faster than the variants. Here’s how lawmakers and businesses can keep up.

Employment Law During COVID-19

Measuring Success by Results


by John Fields

Recognized Best Lawyers®* recipient Joseph F. Brophy on how his Firm determines success.

Measuring Firm Success

"Lawyer of the Year"


Texas "Lawyer of the Year" 2022

Charla Truett

Immigration Law

Dallas/Fort Worth, TX

2022

Hybrid Work: Coping with Compliance Consequences


by Gregory Sirico

Communications platforms like Webex by Cisco, Zoom and Microsoft Teams are more popular than ever in the age of hybrid work, but are firms risking compliance for convenience?

Compliances Issues with Hybrid Work

Changes and Challenges


by Megan Norris

As the pandemic ebbs and many people return to the office, midsize law firms in particular must navigate a host of unprecedented questions about costs, culture and client expectations.

Changes, Challenges and Cost of the Pandemic

Forging Bonds, Building Business


by Lizl Leonardo and Crystal L. Howard

As disorienting and occasionally frightening as the pandemic has been, it has also forced lawyers to find innovative new ways to stay connected and do business.

Pandemic Sparks Innovative Ways of Conducting

Staunch Competition


by Andrea E. Nieto, Jennifer W. Corinis and Catherine H. Molloy

On the other side of the pandemic, after record numbers of employee resignation, protecting trade secrets is both challenging and being challenged.

Protecting Trade Secrets During Period of Res

Employment Entanglements


by Justin Smulison

As the United States approaches its third summer against the backdrop of the coronavirus, employers and employees still find themselves in a Gordian Knot of interconnected labor and employment challenges, with no clear way to untangle them all.

Post-Pandemic Employment Challenges Persist

Legal Trends in the Modern Workplace


by Emma R. Schuering and Meghan H. Hanson

Employees are reevaluating their jobs and the workforce, including issues like pay equity, forced arbitration, paid time off, discrimination and other such policies as they continue to navigate a post-pandemic work life.

Legal Trends In the Workplace Post-Pandemic

Courtroom Mastery


by Justin Smulison

Victor H. Pribanic recalled the excitement of returning to the courtroom in late 2021 for a medical negligence case that could help set a new course for Pribanic & Pribanic’s trial advocacy.

Victor H. Pribanic Makes Return to Courtroom

Think Globally, Act Safely


by Michael Winkleman

As the pandemic (fitfully) recedes at last, is it once again safe to travel internationally? It is—if you take a few common-sense steps ahead of time.

International & Cruise Travel After Pandemic

There’s Hope for the Canadian Real Estate Market Post COVID-19


by Steven Tulman

Clover Mortgage offers advice and predictions on the Toronto real estate market as we move on post-pandemic.

Canadian Real Estate Market Post COVID-19

Newly Launched COVID-19 Litigation Project Offers Open Access To Pandemic-Related Court Judgments From Over 70 Countries


by Sara Collin

A worldwide database of COVID-19 cases is uniting more than 70 countries as judges, lawmakers and lawyers continue to navigate pandemic related litigation and the ways in which it’s evolving amid year three.

COVID-19 Worldwide Litigation Project

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Discover The Best Lawyers in Spain 2025 Edition


by Jennifer Verta

Highlighting Spain’s leading legal professionals and rising talents.

Flags of Spain, representing Best Lawyers country

How to Increase Your Online Visibility With a Legal Directory Profile


by Jennifer Verta

Maximize your firm’s reach with a legal directory profile.

Image of a legal directory profile

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs


by Gregory Sirico

Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.

Animated man in suit being erased with Paramount logo in background

The Future of Family Law: 3 Top Trends Driving the Field


by Gregory Sirico

How technology, mental health awareness and alternative dispute resolution are transforming family law to better support evolving family dynamics.

Animated child looking at staircase to beach scene

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

Safe Drinking Water Is the Law, First Nations Tell Canada in $1.1B Class Action


by Gregory Sirico

Canada's argument that it has "no legal obligation" to provide First Nations with clean drinking water has sparked a major human rights debate.

Individual drinking water in front of window

New Mass. Child Custody Bills Could Transform US Family Law


by Gregory Sirico

How new shared-parenting child custody bills may reshape family law in the state and set a national precedent.

Two children in a field holding hands with parents

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Finding the Right Divorce Attorney


by Best Lawyers

Divorce proceedings are inherently a complex legal undertaking. Hiring the right divorce attorney can make all the difference in the outcome of any case.

Person at a computer holding a phone and pen

The Future of Canadian Law. Insights from Best Lawyers: Ones to Watch Honorees


by Jennifer Verta

Emerging leaders in Canada share their perspectives on the challenges and opportunities shaping the future of Canadian law

Digital eye with futuristic overlays, symbolizing legal innovation and technology

New Texas Law Opens Door for Non-Lawyers to Practice


by Gregory Sirico

Texas is at a critical turning point in addressing longstanding legal challenges. Could licensing paralegals to provide legal services to low-income and rural communities close the justice gap?

Animated figures walk up a steep hill with hand

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

Family Law Wrestles With Ethics as It Embraces Technology


by Michele M. Jochner

Generative AI is revolutionizing family law with far-reaching implications for the practice area.

Microchip above animated head with eyes closed