Not surprisingly, the spread of COVID-19, the virus caused by the novel coronavirus, has created many concerns for people around the world. The main fear is what will happen if they contract the virus and get sick. Falling ill with coronavirus can have a significant impact on one’s health and life, sometimes even resulting in death. Many may be wondering if there is a basis for a personal injury lawsuit in the event of becoming sick. Others may be worried about possible liability they may have due to a spread of the virus. Legal and financial liability will be dependent upon the imposed duty of care from both individuals and businesses when it comes to preventing the spread of coronavirus.
Understanding Duty of Care
Simply put, a duty of care is the legal principle that one party has an obligation (or duty) to safeguard (or care for) the well-being of others. Virtually all of us owe a duty of care toward one another on some level. When it comes to personal injury cases, an injured party must prove that the accused (referred to as a defendant) breached this duty of care. If there is no duty, there is no case.
Duty to Prevent Spread of Coronavirus
When it comes to a global pandemic such as our current situation with coronavirus, the duty of care would include a party’s obligation to protect others from infection and prevention of the infection spreading. Businesses, public transportation, hospitals, and nursing homes are all expected to provide a higher standard of care than a regular person when it comes to servicing others. With Coronavirus in virtually every country around the world, the standards for sanitization and social distancing are higher than ever before. A company or person’s failure to comply with these standards, when there was a legal obligation to do so, could expose them to legal and financial liability.
The Future of Coronavirus Lawsuits
It is likely that we will see an uptick in lawsuit in the near future regarding a defendant’s breach of its duty to prevent infection by the coronavirus. Exactly how these cases will be presented and litigated, however, is still uncertain. The level of duty of care that a party may reasonably owe to another regarding prevention of infection is yet to be established; this level will likely not be established until litigation begins.
That being said, it is always best to be overly cautious. If you are sick, take reasonable precautions to avoid infecting others; if you are not, be sure to maintain social distance to reduce the spread of the virus. Healthcare providers and business owners will need to be extra cautious regarding prevention as they will be held to a higher standard than the average person and, consequently, put under extra scrutiny if a lawsuit is filed against them.
Solid Legal Advice
If you or someone you know has questions about a personal injury claim in Nevada involving the spread of an infectious disease such as COVID-19, contact an attorney right away. The skilled Las Vegas personal injury lawyers at Matt Pfau Law Group can answer your questions and advise on whether or not you have a valid case.
