The Omicron variant of COVID-19 is raging across the country. At the same time, it is clear that Americans do not want tighter regulation or relaxation. In short, this means that if you’re around crowds often, your chances of catching this are pretty high.
When Recent Decisions by California Courts in Wrongful Death Cases Businesses in the state and across the country are nervous about the potential “endless” spiral of liability lawsuits.
Recent “Take It Back” Judgment in California
The case involves a man who died of COVID-19 after allegedly contracting the disease from his wife who contracted the disease at work.
A widow’s lawsuit against her employer alleges she had to work inches away from her sick co-workers. Authorization to proceed with lawsuit against See’s Candys Inc.This is the first ruling to allow proceedings seeking compensation against companies for COVID-19 “takeaway” cases.
Candy companies can appeal to the California Supreme Court. Even if the family wins at this stage, the case will still need to proceed to trial or settlement negotiations.
Do you have other cases?
Business groups, including the US Chamber of Commerce, are concerned that the lawsuit could prompt other courts to pursue similar cases.
So far, a handful of “bring home” lawsuits have been filed against large companies such as Amazon, Walmart, Royal Caribbean Cruises and Southwest Airlines, alleging that they ignored COVID-19 protocols and caused infection. Judges have already dismissed some of these companies for failing to prove they were indebted. duty of care Not only for employees, but also for employees’ families and acquaintances. None of these cases have approached a jury.
Liability protection law enacted
Amid a flood of business liability lawsuits hasn’t arrived yet, the majority of states have already taken measures to avoid this. recently, At least 30 states passed legislation Broadly protects most businesses from liability for COVID-19 cases affecting the public, customers, and employees.
Many of these state laws require plaintiffs to prove that a company engaged in gross misconduct by violating protocols and violating public health orders. This makes it difficult for companies to prove that they failed to make a good faith effort to follow the guidance. In essence, it raises the bar for successful litigation.
These laws are similar in nature to Republican laws in Congress. I’ve been asking for it since the pandemic started.
First consult a lawyer
California lawsuits are ongoing, but be aware that it’s difficult to prove that you got the virus through corporate negligence. You may also live in one of the above states. In short, companies are unlikely to sue for being infected with COVID-19.
If you or someone in your family contracted COVID-19 in a location where you feel you have neglected virus safety or violated local regulations, the first thing you should do is: Talk to an Experienced Personal Injury LawyerAn attorney can help you understand the law, your rights and options, and what it takes to make your case successful.
