Can You Sue an Unvaccinated Person?

ELI5: Negligence

Not many people are out there trying to catch COVID-19. In fact, most people are doing whatever they can to avoid contracting the virus. Unfortunately, it appears that you can do everything right and still contract COVID-19. Though we were only averaging a few hundred new cases per day in Utah, that number has begun to skyrocket – some believe since so many people remain unvaccinated and refuse to social distance. Though vaccines have been a huge help in fighting this pandemic, breakthrough cases have begun to occur. This has caused some to ask the question, can you sue those who weren’t taking precautions if they give you COVID-19?


The number of Utah COVID cases has really shot through the roof during the holiday season. To help keep the numbers down, the CDC has a list of recommendations to help prevent the spread of COVID-19—but do people have to follow them? Well, it depends. If someone without a mask coughs on you, and gives you COVID, you might be able to sue them.  If you are in an area where there is still a mask mandate, then you may have a case against the person who coughed on you, provided that you can prove without a doubt that they were the ones who gave you COVID and that there is no other way that you could have gotten it..


Can You Sue an Unvaccinated Person?

Utah COVID cases slowed down this summer due to vaccination rates. However, only 53% of Utahns are vaccinated. If you’re vaccinated, but an unvaccinated person gives you COVID-19, are they liable? Surprisingly, the answer is no. Legally speaking, many citizens of the United States do not have a duty to get vaccinated. Therefore, if a person chooses not to get vaccinated, they cannot be sued for giving others COVID-19. Additionally, it could be difficult to prove whether or not a specific person gave you COVID-19.


Can You Sue an Unvaccinated Person?

When Utah COVID-19 cases just began to climb, so did cases of people acting abnormally. In March of 2020, a woman was arrested for coughing on groceries, causing the grocery store to throw out over $35,000.00 of food. In September of 2021, another woman was fired after a video of her surfaced online. The woman in the video was taunting customers at a grocery store and coughing on them. Since it appears you can be arrested, or fired, for attempting to spread COVID, some may be wondering if you can sue someone for intentionally giving you COVID-19. Again, the answer is maybe. Though a person cannot legally intentionally expose you to the virus, you may have an uphill battle when trying to prove who specifically is responsible for you getting the virus.


As Utah COVID-19 cases rise, many people are wondering how they’ll be able to pay the bills if they get sick. Unfortunately, not everyone has access to PTO and worker’s compensation benefits. This has caused some employees to show up to work even though they know they are sick. In cases like this, are you able to sue the person who came to work sick? Not likely. First, you’d have to prove that your coworker was the one who got you sick. And, even if you could prove that they got you sick, they may not have any assets to pay for your injuries.


Can You Sue an Unvaccinated Person?

The real reason every Utah Car Accidents Lawyer, otherwise known as a personal injury lawyer, is so busy isn’t COVID-19. It’s actually distracted driving. So, unless you want to be the inspiration behind someone’s search for a “Utah car accidents lawyer near me,” we suggest you refrain from texting and driving. Unfortunately, it’s extremely difficult to sue someone for COVID-19 related injuries since it’s nearly impossible to prove who gave you COVID with any certainty. If you have contracted COVID-19, your friends at Moxie Law Group are wishing you a speedy recovery. If you have been the victim of someone’s distracted driving, Moxie Law Group is committed to helping you recover by getting you the compensation you deserve. Call us today for a free consultation.

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