Richard Pinsky spoke to Law360 about the impending Florida COVID-19 liability shield, a legislative measure that proposes legal immunity protecting businesses from a wave of personal injury and wrongful death lawsuits targeting nursing homes and assisted living facilities in the wake of the pandemic. Facing mounting pressure to act, the Florida Legislature has rushed to get the bill through, leaving some worried that it goes too far, potentially making it too difficult for plaintiffs to find recourse, and too costly for businesses to defend if plaintiffs do manage to check off the necessary boxes.

“It’s uncharted water, and we are all trying to prognosticate and guess what is going to happen,” Pinsky said. “I am sure that after this legislation passes, there are going to be folks that try to game the system. So the question becomes how do you put in checks and balances but at the same time allow plaintiffs access to the courts?”