Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

A lot has happened since your disastrous first day at Bellagio's Italian Restaurant.First, you changed the name toBellissimo's Italian Restaurant and formed an LLC.Your business

A lot has happened since your disastrous first day at Bellagio's Italian Restaurant.First, you changed the name toBellissimo's Italian Restaurant and formed an LLC.Your business is now called Bellissimo's Italian Restaurant, LLC.Next, you verified the employment status of your entire staff and worked with your lawyers to resolve all outstanding legal matters.In large part to you giving all guest an $9.99 five-course dinner and free drinks on opening night, your restaurant has been a huge success.You were full every night and reservations were hard to get.The money was rolling in.

Then on March 13, 2020, your restaurant was closed down due to the COVID-19 Pandemic.You had a looming financial disaster.For the first few months you were helped with various federal COVID protection programs.By August 2020 you were in rough financial times.You could no longer pay your employees, and you could barely pay your rent.

The CDC had mask mandates, social distancing mandates and the government did not allow inside dinning.

Then, just as you we about to give up hope, the Georgia Legislature passed the COVID-19 Pandemic Business Safety Act.The act gave businesses immunity for liability for Torts if the business posted the following sign at the entrance to the business:

(2)An individual or entity of the premises has posted at a point of entry, if present, to the premises, a sign in at least one-inch Arial font placed apart from any other text, a written warning stating the following:

"Warning-Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises."

You immediately made a sign that was compliant with the new law and posted it on your front door.

You reopen your business.Within a week your staff was back and your restaurant was full of guests.You did not space out your tables or require masks.Your servers did not wear masks.You offered only inside dinning.You did not comply with any of the CDC COVID-19 guidelines.Vaccines were still months away from being available.

Despite the CDC warnings, the fact the pandemic was raging on, and the COVID-19 warning sign, Yasmine and her friends jumped at the opportunity to return to a restaurant.She went toBellissimo's during the opening weekend.She had a great dinner and was thrilled to be back in a crowded restaurant after eating take-out food for five months.

A week after the dinner, Yasmine noticed she could not taste or smell her morning cup of coffee.By the next day she had a fever and was having trouble breathing.She was feeling very sick.When the symptoms continued for a few days, she went to the hospital and tested positive for COVID-19.She was admitted to the hospital for treatment.She made a full recovery after a four-day hospital stay, except her sense of taste did not fully return.

Two weeks later, Yasmine still did not have her pre-covid sense of taste.Plus, she received a bill from the hospital for $40,000 and missed two weeks of work and lost $5,000 in income.

Yasmine comes to you for legal advice.She wants to sueBellissimo's.What type of action should she pursue?What damages are available? And what defenses does Bellissimo's have to her lawsuit, if any?Explain fully using I-R-A-C.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Morality And The Law

Authors: Roslyn Muraskin, Matthew Muraskin

1st Edition

013916958X, 9780139169588

More Books

Students also viewed these Law questions