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‘Take-Home COVID-19’ Claims: Preparing for a Second Wave of Coronavirus Litigation

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The Spanish Influenza epidemic came in three waves, with the first hitting in March 1918, the second in the fall and the third in the winter of 1919. The U.S. Centers for Disease Control and Prevention considers the second wave to have been the most deadly. In the United States, well over half of the epidemic’s death toll of 675,000 occurred during the second wave. It is no surprise then that public health experts were already warning of the possibility of a second wave of the coronavirus pandemic when the world was just beginning to acknowledge that the first wave was upon it in February.

Personal injury mass litigation also comes in waves. Consider asbestos: In the first wave, individuals who worked directly with asbestos filed workers compensation claims. Workers exposed to asbestos in products filed products liability suits during the second wave. A third wave included “take-home asbestos” claims in which workers’ children and spouses sued for illnesses caused by exposure to asbestos fibers taken home from work. A fourth wave is now underway with the alleged asbestos contamination of consumer talc products.

The first wave of personal injury coronavirus litigation emerged in early March when a married couple sued Princess Cruise Lines for gross negligence for placing “…profits over the safety of its passengers, crew, and the general public in continuing to operate business as usual.” Many similar individual and class action lawsuits have followed. According to an analysis by the Miami Herald, some 3,600 cruise line passengers have contracted COVID-19 and more than 100 have died. 

The situation in nursing homes is far worse. Nursing home residents account for an estimated 40% of U.S. coronavirus deaths thus far. Predictably, wrongful death suits filed by the family members of nursing home residents are surging, even as some states move to shield nursing home operators from liability. Personal injury lawsuits have also been filed against hospitals, meatpackers, restaurants, grocery stores and warehousing operations.

However, as the first wave of the coronavirus pandemic subsides, personal injury litigation may subside along with it. But what if the pandemic has a second wave? Although there is a great deal of uncertainty, public health experts now believe that there is no inherent seasonality to COVID-19 itself, but they remain deeply concerned that a combination of complacency and greater indoor activity could lead to a second wave of infections in the coming months.

What would a second wave of coronavirus personal injury litigation look like? One possibility that modelers at Praedicat are considering is a wave of “take-home COVID-19” litigation arising from occupational infection, coupled with high rates of intra-family transmission. Praedicat modelers estimate that 7-9% of COVID-19 deaths in the first wave have been family members of workers in essential industries who acquired coronavirus at work. With widespread testing and improved contact tracing, take-home transmission could be relatively easy to demonstrate during a second wave. The first take-home COVID-19 lawsuits were filed in August against an electrical supply company and a meatpacking facility, and the precursors to these complaints are present in earlier lawsuits filed against Amazon and McDonald’s.

Many public health officials believe that it is entirely within our power to keep a second wave of the virus from forming while we wait for a vaccine to be developed and deployed. A unified and steadfast public health campaign is critical if we are to avoid a second wave, individual companies working to limit transmission among their workers and customers is as well. First and foremost, this means closely adhering to federal, state, and local guidelines and industry best practices regarding disinfection, screening and testing, social distancing, and the use of masks and other personal protective equipment. Employers might also work to raise awareness of take-home exposure and the risk to vulnerable older family members or those with pre-existing conditions like diabetes that have been shown to elevate the risk of life-threatening complications associated with COVID-19.  Depending on the circumstances, maintaining social distance at home may be just as critical as maintaining social distance at work.

While a second wave of the pandemic may be unlikely, some level of infection, illness, and litigation is sure to be with us until there is a vaccine. The best protection against liability is making the safety of workers and customers paramount. But risk managers need to prepare for the worst and should also be reviewing the availability of coverage for employment related coronavirus claims, including take-home exposure. The employers liability exclusion under a general liability policy, for example, might exclude claims made by the family members of workers.

67% of Hotel Websites Expose Guest Data, Study Finds

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According to new research from cybersecurity company Symantec, 67% of hotel websites are leaking customer reservation details and other personal information. Candid Wueest, the company’s principal threat researcher, tested more than 1,500 hotels in 54 countries, including low-cost to high-cost hotels, as well as both chain and independent hotels.

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symantec hotel data exposureWhen a customer uses a hotel’s website to book a room, the site usually creates and sends them a link so that the customer can directly access  and manage their reservation.

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According to Symantec, part of the problem is that third-party advertisers on hotels’ booking websites and web analytics companies (which track web traffic) can access customers’ bookings because they also get those links. This means that advertisers and analytic companies – including any potential malicious actors among their employees – could access and steal the information that the customer entered when booking a room, and even change or cancel the reservation.

Symantec also found that more than a quarter of the hotel websites examined do not send secure, encrypted links in their confirmation emails. Encrypted links prevent anyone trying to hijack a customer’s data from being able to see that data. If a customer received a confirmation email while using an unprotected WiFi (a public network in a café or an airport, for example), a cybercriminal could intercept that customer’s emails and use the unencrypted hotel booking link to access the customer’s booking. Some of these automatically generated links also contain details like customers’ email addresses in the web address, which makes accessing their information even easier for cybercriminals.

Additionally, many hotel websites are vulnerable to a type of cyberattack called “brute forcing,” where an attacker can use the customer’s email address and guess their booking number to gain access to the reservation and personal information. In some cases, Symantec found that hotel websites did not even require an email address to access customers’ reservation information via brute forcing. Though this method would not be useful to gain access to large amounts of customer data, attackers could use it to target individuals, like a specific CEO or conference attendee.

Wueest noted that hotels have thus far been slow to respond to these data exposure risks, and some have not responded at all. When he alerted the hotels’ data privacy officers to the problems in their sites, 75% responded, and those who did took an average of 10 days. Hotels and their information security staff should promptly assess their booking processes to ensure they are minimizing the risk of potential data leaks and breaches.

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By leaving these gaps in their websites’ security, they are endangering their customers and opening themselves up to risk, including potential liabilities and reputational damage.

Symantec recommends that hotels use encrypted links, and ensure that the automatic links generated do not include information like customers’ email addresses. It also recommends that customers use Virtual Private Networks (VPNs, services that protects users’ internet traffic) when booking or accessing their reservations using public WiFi to prevent any cyberattacker from intercepting any information that would provide a way in.

The report should also serve as a reminder that corporate employees’ personal devices and personal information are popular targets for cybercriminals and can be especially vulnerable to risks while traveling. Any time an employee exposes their devices to unprotected networks or, in this case, insufficiently protected websites, it leaves both the employee and their employer at risk. Even if an employee is using their own device to conduct business, it still endangers their employer because it may expose valuable business information. Cybercriminals have particularly used the hospitality industry as a hunting ground for such attacks, for example, targeting individuals using hotel WiFi, tricking them into downloading malicious software and stealing their information or spying on their internet activity.