White House Economic Adviser Larry Kudlow on Wednesday said that businesses should not be held responsible for employees or customers getting sick as governors move to reopen state economies.

Kudlow was optimistic about reopening the economy, adding that the U.S. "may be coming down the homestretch." He said May will be a "transition month," and that the U.S. will see a phased economic reopening across the country. And as these businesses begin to open up, Kudlow said he's not worried about safety measures slipping if companies aren't held liable, suggesting that states would do "a very good job" monitoring the businesses.

"Businesses, particularly small businesses that don't have massive resources, should not be held liable - should not be held to trial lawyers putting on false lawsuits that will probably be thrown out of court," Kudlow told CNBC. "You have to give the businesses some confidence here that if something happens, and it may not be their fault - I mean, the disease is an infectious disease."

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