According to statistics, the COVID-19 related death count in Clark County by June 2021 — several months after the vaccine was made available to the general public — was approximately 4,435. The amount of COVID-19 deaths due to the negligence of another is unknown. Examples of negligence include when a person:
- Was exposed and infected with the COVID-19 virus due to negligence;
- Received a substandard level of medical care due to negligence;
- Was exposed and infected under circumstances that were preventable.
Logically, at least a small amount of COVID-19 related deaths in Nevada were due to negligent circumstances.
Court Opinions on Infectious Disease
According to the American Bar Association (“ABA”) the U.S. court system has ruled during the past century on cases in which a party was negligently exposed to an infectious disease that resulted in injury or death. Previously, legal cases relating to the HIV/AIDs epidemic — as well as any other sexually transmitted disease (STD) — found a defendant guilty of infecting another if he or she did not previously disclose the risk. Under some state laws, a person could be charged for attempted murder. While it is true that COVID-19 is not an STD, it is an infectious disease and legal proceedings will be virtually identical.
One particular COVID-19 exposure case was highly publicized involving several workers and their family members who filed suit against Amazon in New York court. The plaintiffs claimed Amazon failed to implement safety measures, even though they were required by state law, in a large Staten Island warehouse. The lawsuit further alleged workers were not given opportunities to wash their hands, were not allowed to practice social distancing, and were pressured to disregard quarantining guidelines after exposure. The plaintiffs also claimed that workers who had tested positive for COVID-19 were not provided two-weeks of paid leave, as required by New York law. At least one worker died of COVID-19, several other employees became extremely ill, and countless others were exposed to potential infections as warehouse employees commuted to and from work.
If you have reasonable suspicion that a loved one was infected with COVID-19 in a particular location under circumstances that could have been prevented, you may have a legal case. Some situations involving legal negligence and COVID-19 infection could include if you:
- Stayed at an AirBnB or hotel where coronavirus was present;
- Were required to appear to work as a healthcare worker but offered inadequate protection by your employer;
- Interact with the public and an angry customer purposely coughed or sneezed on you or exposed you to coronavirus while you were working;
- Were required or pressured by your supervisor to work without a face covering or other personal protection;
- Worked in a facility where it was known by authorities that coronavirus was present and this information was not passed to employees or customers.
There are several other situations where negligence contributed to the spread of COVID-19.
How an Attorney Can Help
A personal injury attorney can help you file a lawsuit relating to coronavirus exposure. The lawyers at H&P Law are knowledgeable in all types of claims alleging illness or death due to another’s negligence. Contact us today to schedule your initial case evaluation.