Liability attorney Richard Bell told Business Insider that schools are responsible for the health and safety of their students, and must always follow reasonable standards and conduct to keep them healthy — the only thing that's changed is that standards are a whole lot different during a pandemic.
But there are a few things to keep in mind when it comes to those standards.
"One of the biggest problems is the CDC," Bell said. "It has turned into the most wishy washy, noncommittal CDC of all time, because when they write up their guidance, now they put in terms like 'you should consider, you should recommend when feasible.'"
Bell said standard federal guidelines would likely help make those standards uniform. "But apparently, you know, federal government has abdicated their responsibility anyway for three months," he added.
That means guidelines will come down to states and localities — and those differ widely. If you live in New York, but you're sending your child to school in Florida, schools will be bound by the guidelines set forth in Florida.
And some colleges and universities have been pushing for immunity from lawsuits if they've acted responsibly. But Bell said "it's good to have a fear" of liability. "It's a good incentive to make sure you act reasonably."
Even without that immunity, Bell said bringing forward a lawsuit for negligence is difficult — which is why there hasn't been a flood of them. You have to be able to prove you contracted the coronavirus from a specific instance of the school's negligence, he said.
When asked what are the criteria for a case he would take against a college for negligence, he gave the example of a school knowing an employee had symptoms but still had them work, with that employee causing a large enough outbreak that cases were traced back to them.
"That might be a case," because there would be evidence of negligence, according to Bell.