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With the Delta Variant spreading like wildfire, it’s a question many will be asking.

Can I Sue the Person Who Gave Me COVID-19?

2020 was a year filled with lockdowns, masks, and social distancing. Grocery stores had bare shelves and the average American watched 3 hours and 34 minutes of television per day. Indeed, COVID-19 took the world’s economy by storm: myriad tenants were evicted from their homes as the shutdowns resulted in income loss. Many people fell ill with the disease and, even some young people suffered serious, long-lasting complications. With the loss of income and medical bills, many people were wondering, “Can I sue the person who 

gave me COVID-19?”

Do You Have a Duty Not to Spread COVID?

The short answer is, yes. You do have a duty to prevent other people from contracting a disease you have by taking reasonable care. For example, Charlie Sheen’s former fiancee filed a lawsuit alleging that Sheen knowingly exposed her to HIV during their relationship. Another anonymous woman has also filed a complaint against the actor, claiming that Sheen also failed to notify her of his status and knowingly exposed her to the virus as well.

Breach of Duty and COVID’s Incubation Period:

COVID-19 lawsuits typically break down at breach of duty. People with COVID-19 are required to take reasonable care in preventing others from contracting the virus. The issue here is that COVID-19 can have a very long incubation period, and people can get others sick even if they haven’t started showing symptoms yet. Asymptomatic cases may also cause issues in COVID related lawsuits. It could very well be that the person who gave you COVID was acting reasonably at the time you caught it.

What If I Catch COVID at Work?

If you contract COVID at work, your best course of action would be to file a worker’s compensation claim. This is especially true if there has been an outbreak of COVID-19 cases at your office around the time you became sick. In order to successfully file a lawsuit against your employer, you would have to prove that they acted negligently and that their negligence resulted in your illness. Though you may be able to prove that your employer acted negligently, you will still have to prove that you caught the virus at work. Proving that you caught the virus at work would be difficult due to the previously mentioned incubation period. However, if you can prove that your employer failed to act reasonably, and there was an outbreak, you may have a better case. But be prepared to prove through documentation that you weren’t in contact with anyone else besides co-workers, including anyone in your immediate family not being in contact with anyone else.

Additional Difficulties:

Proving that you contracted COVID from a specific person can be an extremely difficult endeavor from a legal standpoint. However, proving who gave you the virus is only one obstacle out of many involving COVID-related cases. It may also be difficult to prove that the person who gave you the virus was acting negligently. Finally, legal cases from a pandemic are largely unprecedented. Since there are no former cases for us to refer to, we aren’t able to see how these cases have played out in the past.

If Your Employer Has Acted Negligently:

Thanks to the Delta Variant, we are seeing another surge of COVID cases. If there was an outbreak at your work caused by the negligence of your employer, Moxie Law Group is here for you. Contact us today so we can help you determine if you have a case. But please be safe and get vaccinated if you can, so you don’t have to deal with an uphill legal battle. Focus on the health and safety of you and your family.