Walmart faces allegations of negligence for its response to Covid-19 pandemic

 Walmart negligently caused the death of an employee because the retailer failed to adequately clean its store, enforce social distancing, notify employees about colleagues who were showing coronavirus symptoms, and provide protective gear, such as gloves and masks, alleges the family of a 15-year employee who died on March 25, 2020 from Covid-19 in a wrongful death action filed on Monday in Cook County, Illinois.

The lawsuit additionally claims that store managers ignored the employee when he alerted them to his symptoms, and moreover, that managers knew of other employees at the store who also exhibited symptoms of the disease. Tragically, another man who worked at the store died from Covid-19 on March 29, 2020.

According to CNBC’s report, Walmart claims it deep-cleaned the store, hired a company to clean the store, and had a third-party and a health department inspect it. The retailer has also implemented other safety measures in response to the pandemic, including the addition of sneeze guards at cash registers, the installation of decals on the floors about social distancing, and a reduction of customers in its stores. 

The basis of the family’s wrongful death claim is that the retailer negligently disregarded its duty owed to the employee to mitigate the risk of infection and illness; and, in turn, that alleged dereliction of duty proximately caused the employee to ultimately die from the virus. The looming question this case presents for employers and employees across the country is this: Did Walmart exercise the level of care expected of a reasonable, prudent person?

The answer will likely play out in similar lawsuits throughout the nation in the next few months and years, as each jurisdiction will have the opportunity to fashion a standard of care expected of employers to mitigate the risk of infection for customers and employees. Meanwhile, employees of major retail stores are rightfully scared for their wellbeing, and the sudden onset of the pandemic has left employers unsure of the best methods to protect employees and customers from viral infection.

That creates a perfect storm ripe for litigation when an outbreak happens. Until a reasonableness standard can be better understood in light of the Covid-19 pandemic, the Occupational Safety and Health Administration (OSHA) issued a non-mandatory coronavirus guidance that can help employers adapt to the changing landscape of expectations.

Linked here, it encourages them to develop an infectious disease preparedness and response plan (e.g., identify potential sources of infection in and outside of the workplace, identify and implement controls to reduce exposure, such as use of personal protective equipment, prepare for increased absenteeism and supply chain disruptions, and consider downsizing or closing operations); prepare and implement basic infection prevention measures (e.g., promote hand washing, cover coughs and sneezes, promote “social distancing,” and encourage employees to stay home if ill); develop procedures for prompt identification and isolation of ill employees/visitors; and to follow existing OSHA standards, particularly taking additional measures to maintain a clean and sanitary workplace. 

Allegations of negligence on the part of those in charge will continue to rise as Covid-19 continues to spread. Some members of America’s working class do not have the ability to self-isolate, as their position of employment for an emergency service demands physical presence at the workplace. An employer’s failure to keep them safe, within reason, will certainly justify causes of action like the one filed against Walmart.