Can someone file a claim against you if you give them Coronavirus? Sure they can, but proving it is where things get complicated. What’s happening in our nation has everyone on edge. COVID-19 is such a new illness, new research comes out every day. New misinformation does too.
When people ask if they could be sued for giving someone else COVID, typically they’re asking because much is still unknown or ambiguous about how the disease is transmitted. We know it’s spread by droplets expelled from infected people, and some have proposed it might be airborne.
But what about people who are asymptomatic, or who are in very early illness stages who haven’t developed symptoms? At this point, we all know the disease exists, so does that make us liable if we give it to someone else?
The situation continues to develop, and we’re likely to see some COVID-related lawsuits, so this article is by no means intended to be the definitive, final answer to the question. However, you can draw some conclusions based on our extensive experience with personal injury lawsuits in general.
Duty of Care
In legal terms, duty of care means people have a responsibility to act reasonably when it comes to the health and safety of others. If you have reason to believe something you’re doing could hurt someone else, you shouldn’t do it.
To avoid putting yourself at risk of a Coronavirus lawsuit, apply that to everyday living. Assume it’s possible you’re infected and you don’t know it unless it’s absolutely impossible that is true. When you work or play, what are reasonable precautions you can take to satisfy your duty of care?
Some people have had symptoms and chosen to visit family members, board airplanes, go to the grocery store, or report to work, and they infected others. It could be argued they were negligent if they knowingly put others at risk.
Burden of Proof
If someone did get COVID, claimed you gave it to them and filed a lawsuit against you, they would have to prove the following:
- You had a duty of care toward them
- Something you did or didn’t do caused them to become infected
- They got COVID from you and were harmed as a result
Basically, they would have to prove you knew you should have washed your hands, covered your cough, or quarantined yourself, but you chose instead to spread the illness and gave it to them. Right now there’s so much community spread, it could be difficult to definitively prove the germs came from you.
How to Protect Yourself
The best way to protect yourself is by taking reasonable precautions. These actions are always a good idea, whether we’re in a pandemic or not.
- Don’t shake hands
- Wash your hands regularly
- Cover your mouth when you cough with a tissue, then discard it
- Wear masks if it’s required
- Sanitize shopping carts and other surfaces
- Open doors with a paper towel, your foot or your hip
- Practice social distancing
If you make these things a habit, someone could file a lawsuit stating you gave them Coronavirus, but it would be extremely difficult for them to prove it. You’re also likely to keep from catching the virus from someone else.
