Fuller Law Firm
408-234-7563
79 Devine Street, Suite 100, San Jose, CA 95110
408-234-7563
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408-234-7563
With the relaxation of coronavirus restrictions across the U.S. and here in California specifically, it remains to be seen just what course the pandemic will follow from here on out. With people taking fewer precautions in general to protect both themselves and others, many health officials feel that coronavirus strains like omicron will continue to mutate and spread for some time to come. If you or a loved one ends up getting a new case of COVID-19, and you believe you know who was responsible for transmitting it to you, should you consider filing a personal injury lawsuit against them?
Over the past two years, there have been thousands of COVID-19 personal injury cases filed throughout America, resulting in many new and conflicting legal precedents. But even though the coronavirus legal area is still anything but “settled law,” you do not need to shy away from seeking the justice you deserve.
Like many personal injury matters, the success of coronavirus cases will likely rest on questions of the defendants’ intent, as well as the precautions they have taken to protect others from infection by this highly contagious disease. As the California Civil Code says in Section 1714(a), we are all responsible for whatever injuries we cause others, both intended and unintended, through our “want of ordinary care or skill in the management of his or her property or person.”
In a 1990 case, the defendant was found liable based on this section for giving a sexual partner herpes, because he knew he was infected but failed to take reasonable and necessary precautions to prevent its spreading. The same reasoning could also apply in the case of COVID-19—depending on how the definition of “reasonable and necessary precautions” is defined in a given jurisdiction at that time.
With hundreds of thousands of Americans having already lost their lives in this tragic pandemic, you may well be able to file a valid legal claim against another person or entity for exposure to COVID-19. As with any successful personal injury claim, you would need to prove that:
· This person or entity had a legal duty and responsibility to protect you from exposure to the coronavirus.
· They breached their legal duty in this regard.
· You thereby suffered actual exposure to the virus.
· This specific exposure brought about your contracting the virus, and/or your suffering other actual physical, psychological, or financial damages.
If you or a loved one have contracted COVID-19, and suffered any kind of economic or non-economic damage through someone else’s negligence, you deserve to be fully compensated for your losses. Call Fuller Law Firm today at 408-234-7563 for a complimentary consultation with a compassionate, experienced San Jose personal injury lawyer.
Source:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1714.&lawCode=CIV
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