The legal dilemma behind saying ‘safety is our No. 1 priority’

Businesses are reopening and many marketers have been so focused on trying to bring back customers after COVID-19 shutdowns, they haven’t thought about the long-term harm their current messages might bring. Now, defense lawyers around the country are preparing for the worst.

The problem? Whether on social media, in an advertisement or signage, saying “safety is our No. 1 priority” puts you at risk of a major lawsuit.

Tort law establishes liability for wrongdoing. These laws change from state to state, but across the country, defense lawyers are anticipating a storm of lawsuits as more businesses continue to reopen. It won’t necessarily matter what the lawsuit is about, what the injury is or even when the injury occurs—if a business has ever publicly posted or advertised anything related to safety being its “top” or “No. 1” priority, they run the risk of having plaintiffs’ lawyers use that messaging against them, potentially driving damage awards to nuclear proportions.