The COVID-19 pandemic raised difficult questions about responsibility when someone became seriously ill after being exposed to the virus at work, at a business, in a healthcare facility, or in another setting.
But contracting COVID-19 does not automatically mean that another person or business is legally responsible.
A potential injury claim depends on several factors, including when the exposure occurred, where it happened, whether another party failed to exercise an applicable duty of care, whether special liability protections applied, and whether the evidence can connect the exposure to the resulting illness.
Because COVID-19 liability laws changed during and after the pandemic, these claims require careful review of the circumstances and the law that applied at the time of the alleged exposure.
Can Someone Be Liable for Exposing You to COVID-19?
Potential liability depends on more than showing that you contracted COVID-19 after visiting a particular location or interacting with another person.
Like other negligence-based injury claims, a claimant generally needs evidence establishing that another party owed a legal duty, failed to meet that duty, and caused an injury as a result.
COVID-19 claims can be particularly complicated because determining exactly when and where an infection occurred may be difficult.
The circumstances may also differ depending on whether the alleged exposure occurred at:
- A workplace
- A business or public establishment
- A healthcare facility
- A nursing home or assisted living facility
- Another person’s property
- An event or gathering
The applicable legal rules may also depend on when the exposure occurred.
What Would You Need to Prove in a COVID-19 Injury Claim?
A negligence claim generally requires more than proof that someone became sick.
Duty of Care
The first question is whether the person, business, facility, or other party had a legal duty under the circumstances.
The nature and extent of that duty depends on the relationship between the parties and where the alleged exposure occurred.
Negligence or Wrongful Conduct
A claimant would then need evidence showing that the responsible party failed to act as required under the circumstances.
For COVID-19 claims arising during the pandemic, this analysis could involve the safety requirements, public health guidance, or legal protections that were in effect at the time.
Causation
Causation can be one of the most difficult issues in an infectious disease case.
It is not enough to show that someone visited a location and later tested positive. Evidence would generally need to support a connection between the defendant’s conduct and the person’s infection.
Other potential sources of exposure can make this issue particularly challenging.
Damages
A viable personal injury claim also requires legally recognized damages.
Depending on the circumstances, those damages could involve medical expenses, lost income, long-term health complications, or other losses resulting from the illness.
The existence and amount of recoverable damages depend on the facts and applicable law.
Georgia’s COVID-19 Liability Protections
Georgia enacted special liability protections during the COVID-19 pandemic.
For claims falling within the period covered by the Georgia COVID-19 Pandemic Business Safety Act, healthcare providers, businesses, individuals, and other protected parties received significant liability protections.
The law generally required a claimant to establish conduct beyond ordinary negligence, such as gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, in circumstances covered by the Act.
The legislation also addressed assumption-of-risk protections involving certain premises and healthcare facilities.
These provisions were created specifically in response to the COVID-19 pandemic, so determining whether they apply requires examining when the alleged exposure and resulting claim occurred.
What If You Contracted COVID-19 at Work?
Workplace exposure raises different legal considerations.
Georgia’s workers’ compensation system generally provides medical and disability benefits for qualifying injuries or illnesses arising out of employment while limiting an employee’s ability to bring a separate negligence lawsuit directly against an employer.
Whether an infectious disease qualifies as a compensable workplace injury or illness depends on the evidence and circumstances of the individual case.
Claims involving someone other than the employer may raise separate questions about potential third-party liability.
Can a COVID-19 Death Lead to a Wrongful Death Claim?
A fatal illness can raise potential wrongful death issues when legally actionable conduct caused or contributed to the death.
However, a COVID-19 diagnosis alone does not establish liability.
A wrongful death claim involving infectious disease would still require evidence connecting the responsible party’s conduct to the exposure, illness, and resulting death. The law that applied at the time of the exposure may also affect whether a claim is available.
Families considering a potential wrongful death claim should also pay close attention to applicable filing deadlines.
How Long Do You Have to File an Injury Claim in Georgia?
Georgia generally requires actions for personal injuries to be filed within two years after the claim accrues, although exceptions and different rules can apply depending on the circumstances.
Waiting to investigate a potential claim can also make evidence more difficult to obtain.
Medical records, employment records, witness information, communications, facility records, and other documentation may become important when determining whether a legally viable claim exists.
COVID-19 Injury Claim FAQs
Can I sue a business if I believe I contracted COVID-19 there?
Potential liability depends on when the exposure occurred, the circumstances, the evidence connecting the business to the infection, and the law applicable to the claim. Simply becoming ill after visiting a business generally does not establish that the business caused the infection.
Can I sue my employer if I contracted COVID-19 at work?
Work-related illnesses are generally governed by workers’ compensation rules. Whether workers’ compensation or another type of claim may apply depends on the specific facts, including how the exposure occurred and whether another party contributed to it.
Is it difficult to prove where I contracted COVID-19?
Causation can be a significant challenge in an infectious disease claim because people may encounter multiple potential sources of exposure. Evidence about timing, known exposures, workplace or facility outbreaks, medical history, and other circumstances may become relevant.
Can a family file a wrongful death claim after a COVID-19 death?
A wrongful death claim may be possible only when the available evidence and applicable law support holding another party legally responsible for causing or contributing to the death. Each situation requires an individual assessment.
How long do I have to file a COVID-related injury lawsuit in Georgia?
Georgia generally applies a two-year limitation period to actions involving personal injury, although exceptions and other rules may affect a particular claim. The deadline should be evaluated based on the specific circumstances.
Speak With a Georgia Personal Injury Attorney
Claims involving serious illness, unsafe conditions, workplace exposure, or wrongful death can involve complicated questions of causation and liability.
If you believe another party’s wrongful conduct caused a serious injury or the death of a family member, Amanda Hall Injury Law can review the circumstances and help you understand whether a personal injury or wrongful death claim may be available.
Schedule a free consultation to discuss your situation.