COVID-19 is not the first disease outbreak to generate tort litigation. Lessons from past cases may well prove to be the best guide as we try to judge risk and exposure of personal injury lawsuits arising from coronavirus infections.

In the first part of this two-part series, we’ll explore the common law and the Uniform Commercial Code (UCC) guidance on impossibility, impracticability, and frustration of purpose. In the second part of this two-part series, we’ll explore the anatomy and effect of force majeure clauses.

In the second part of this two-part series, we’ll explore the anatomy and effect of force majeure clauses.

This new manufacturing landscape raises questions regarding civil liability for products meant to prevent or treat the COVID-19 pandemic. Fortunately, the US Public Readiness and Emergency Preparedness Act (PREP Act) and the recent public health emergency declaration by the US Secretary for the Department of Health and Human Services provide significant immunity from COVID-19 personal injury lawsuits.