Can You Sue Someone for Giving You COVID?

A range of legislation has been passed to help protect the public during the pandemic. The answer to the question, “Can you sue someone for giving you COVID?” is— Yes. In an age of social distancing, mask wearing, and quarantines, you could file a negligence lawsuit if your claim meets certain criteria. At the most basic level, the burden of proof falls on these factors:

• The individual/entity was reckless in not taking steps to protect others from the illness.
• They knew or should have known there were infected or had become ill.
• That party neglected to take the appropriate precautions.

To be successful, a personal injury lawsuit over a coronavirus infection must prove the defendant definitively passed the virus on to the plaintiff. Defenses can include arguing the plaintiff had contact with other potentially infected people or may have been exposed by contact with a piece of mail, food package, or other outside source.

How Likely Am I to Win a COVID Lawsuit?

Given the low potential for success, it’s unlikely your lawsuit will go far. It’s easier to prove negligent conduct caused harm when the lawsuit involves a car accident or slip-and-fall. You could claim the defendant’s wrongful activity contributed to you being infected. But the challenge is proving a causal link between that behavior and harm caused by a COVID infection. You may have feared they passed the virus on to you.  However, the prevalence of coronavirus is so high this is not an acceptable level of proof.

But people have filed lawsuits over transmission of sexually transmitted disease. Since these are related to an intentional act, a causal link can more easily be proven. You can claim the defendant failed to disclose key information or engaged in intentional misrepresentation. These cases are still hard to prove; in general, a person causing another to become ill is a difficult basis for a personal injury lawsuit.

Pandemic-Related Legal Consequences

A COVID-related personal injury lawsuit can be more viable if laws created during declared emergencies are violated. Under state laws, law enforcement and health officials can detain individuals who violate quarantine, isolation, and other orders. But how does this affect your odds of winning a lawsuit or receiving a fair settlement?

Another important question is: Would the financial recovery for a plaintiff who recovers from a coronavirus infection justify the costs of litigation, including court fees and expert witness testimony? If there’s an obvious physical injury, maybe. They could include lost wages or business earnings. Nonetheless, the plaintiff’s counsel may not even accept the case unless the plaintiff was infected and subsequently passed away.

How to Sue Someone for Giving You Covid

Here are examples of when you may or may not be able to sue after being infected with COVID:

• Hospital Employees: Can sue their employer if they were forced to use makeshift personal protection or had inadequate supplies, rather than having been provided with professional-grade equipment.
• Nursing Home Residents: If a facility fails to protect its residents, such as by not isolating an infected person or acting appropriately if an employee or visitor was infected, they could face legal consequences.
• Supermarket Customers: Since a supermarket is open to the public and doesn’t employ medical technicians, it’s not held to the same standard of duty. There are many questions to address pertaining to the legitimacy of a COVID claim in this instance.

Consult with Our Los Angeles Personal Injury Attorney

At The Law Offices of Jacob Emrani, we have many years of personal injury litigation experience. Many clients have come to us asking, “Can you sue someone for giving you COVID?” Whether you feel an individual or employer acted negligently, recklessly, or intentionally, leading to you being infected, let us review the facts. We have a great deal of success working with insurance companies. Our team is also familiar with the latest laws and regulations, including the CARES Act and workers’ compensation systems allowing for potential payouts should you exposed to COVID at work.

For help determining whether it’s worth pursuing a COVID lawsuit, call 888-952-2952 to schedule a free consultation.