Could Coronavirus Lead to Personal Injury Lawsuits?

Normally we would open an article with facts and statistics, but as this is being written, the number of people infected with Coronavirus and the global death toll seem to be changing by the minute. With such widespread affects, people want to hold someone responsible. Could Coronavirus lead to personal injury lawsuits? That depends on each situation.

Personal Injury Lawsuits and Cruise Ship Victims

All personal injury lawsuits, Coronavirus related and otherwise, boil down to proving

• The victim suffered physical, emotional or financial harm
• That harm resulted from another party’s action or inaction, and that party had a duty to act differently.

The thousands of people stuck on cruise ships went through an extremely unpleasant ordeal. Not everyone got sick, but they all were massively inconvenienced. The news is still trickling out about whether people experienced physical harm as a result, and whether some of the infected succumb to their illness.

If Coronavirus does lead to personal injury lawsuits against cruise ship companies or employees, the results will depend on victims and their lawyers proving harm occurred and the party accused caused it. It will most likely involve examining whether or not the cruise line did everything reasonably possible to prevent the spread of infection and to protect passengers from injury.

Right now, whether or not Coronavirus will lead to a personal injury lawsuit is likely low on the worry list for most cruise lines. With travel shutting down across the globe, they’re much more concerned about keeping their business afloat.

Personal Injury Lawsuits After Coronavirus Infection

It does feel like the whole world has gone crazy, and we’re going to see plenty more where that came from. Employers are asking whether staff could bring a personal injury lawsuit if they get infected at work. Restaurants and retailers ask if customers could find them at fault if they get sick.

Again, any personal injury lawsuit related to Coronavirus will have to prove the injury or infection resulted from someone else’s negligence. If the employer or business did everything reasonably possible to disinfect, protect public health and educate on the dangers, they’re probably okay. However, if the victim can prove they got sick or became injured because that business was careless, they might have a case.

Common Sense Guidelines for Business

Harvard Business Review suggests business owners can avoid legal issues and help reduce the spread of COVID-19 when they do the following:

• Stay in the loop – Get your info from credible sources like the CDC and the World Health Organization. Base company decisions on official recommendations. You’ll be resource and a reassurance for those getting their news from social media, and you’ll safeguard your company if later someone challenges your infection control processes.
• Talk about hygiene – Don’t assume everyone knows how to wash their hands and prevent the spread of infection. Educate others on how viruses spread. Provide access to handwashing stations. Make sure there are clear communication guidelines for people who think they might have been exposed.
• Take reasonable precautions – The Occupational Safety and Health Act (OSH Act) contains the general duty clause, requiring employers to provide a workplace “free from recognized hazards…likely to cause death or serious physical harm.” Coronavirus is a recognized hazard. You have a duty to take reasonable steps to keep the public safe.
• Evaluate existing practices – A Delta airlines video shows staff fogging planes to disinfect. It was meant to reassure the public, but it begs the question…what was Delta doing before the virus? Shouldn’t they have been disinfecting all along? If you’ve changed the way you do things because of COVID-19, don’t make those changes temporary. Protect yourself from liability going forward by establishing healthier practices and implementing long term change.

When to Call a Personal Injury Attorney

If you became sick or injured because of someone else’s negligence, Monsour Law Firm is here to help. Schedule a free, no-obligation consultation today.