Can You Sue Someone If You Get Coronavirus?
Many cases have been successfully brought concerning the transmission of viruses or infectious diseases, including during a pandemic. Past lawsuits pertaining to Ebola, Swine Flu and HIV/AIDS, and can serve as an indication of whether you can sue a person or business if you contract the novel coronavirus – COVID-19.
California courts have ruled that suits regarding the negligent transmission of sexual diseases, such as the HIV/AIDS virus, can proceed if the infected person knew or should have known he or she had the virus.
Some states have criminalized the transmission of HIV/AIDS.
A Texas court held that it would be possible for a husband to sue for his wife’s contraction of the HIV/AIDS virus.
And recently, the Supreme Court of Texas heard a case involving a claim brought under the Texas Medical Liability Act. A nurse who cared for a patient infected with Ebola went to Ohio to shop at a bridal shop. Once she returned to Dallas, she became ill and was later diagnosed with Ebola herself. The bridal shop claimed the hospital where the nurse worked was negligent for failure to prevent transmission of the Ebola virus to the nurse. The case was dismissed on procedural grounds so it remains unsettled whether such a claim could be successful.
Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.
This blog post is not case-specific and is provided only for educational purposes and is not intended to provide specific legal advice. Blog topics may or may not be updated and entries may be out-of-date at the time you view them.