Business owners faced several dangers during the COVID-19 public health emergency. First, they needed to protect themselves and their loved ones. Government shutdowns threatened their livelihood with the real potential of losing everything. Sales, operations, and supply chains were disrupted – some for long periods of time and some forever. Gross and net income dropped for some businesses, especially those deemed ‘nonessential’ by government entities far removed from their reality. Finally, there was the real prospect of having to defend at least one costly COVID-19 infection lawsuit.
Where could businesses turn for help with this last danger? [An experienced business litigation attorney can review lawsuits against them and represent them in court.
Plaintiffs Must Prove Their Claims
A COVID-19 infection lawsuit is like any other lawsuit. The person or company filing the lawsuit (the “plaintiff”) files a claim against another person or company (the “defendant”). For example, the plaintiff bringing a negligence claim must prove:
- That the defendant owed them a legal duty,
- The defendant breached that duty,
- The plaintiff suffered an injury, and
- That the defendant’s breach caused the injury.
The plaintiff might be injured, but they still have to prove the other elements. It’s especially critical to their case that they prove that the defendant caused their injury (“causation”).
So, the burden of proof is on the plaintiff. In civil lawsuits, the evidence must prove the plaintiff’s claim by a “preponderance of the evidence.” This means they must prove their claim is “more likely true than not true.”
In a COVID-19 lawsuit, plaintiffs claiming negligence must prove the four elements listed above. Due to the nature of the disease, proving causation could be problematic.
#1. Did Defendant Owe Plaintiff a Legal Duty?
The defendant might first determine whether it owed the plaintiff any duty to protect against COVID-19 infection. Whether the duty exists can depend on the type of business and the relationship between the defendant and plaintiff.
For example, a medical facility owes a duty of care to its patients and possibly its workers. Hospitals, doctor’s offices, and other facilities typically have protocols designed to protect against infections and contagious diseases. Their staff is trained to handle such medical situations.
On the other hand, a business or retail establishment may not owe the same standard of care to its customers and employees.
A litigation lawyer can review the facts and circumstances surrounding the plaintiff’s claim to determine if a duty exists.
#2. Did the Defendant in the COVID-19 Infection Lawsuit Breach Its Duty?
Let’s assume the defendant did owe the plaintiff a standard of care. In that case, the plaintiff will have to prove that the defendant failed to meet that duty. Do most businesses owe a duty to keep their customers from becoming ill? Some do, some don’t. Here, again, the advice of a litigation attorney is invaluable.
#3. Was the Plaintiff Injured?
A COVID-19 infection lawsuit must show that the plaintiff was injured. The plaintiff might claim lost wages, lost earning ability, past and future medical costs, and more. But the plaintiff still has to prove that the injuries exist. For economic damages, they might use medical bills or pay stubs. Non-economic damages like pain and suffering will be more challenging to prove.
#4. Basics Facts Make Proving Causation Challenging in a COVID-19 Infection Lawsuit.
According to the Centers for Disease Control and Prevention, COVID-19 can spread in the following ways:
“Breathing in air when close to an infected person who is exhaling small droplets and particles that contain the virus.
Having these small droplets and particles that contain virus land on the eyes, nose, or mouth, especially through splashes and sprays like a cough or sneeze.
Touching eyes, nose, or mouth with hands that have the virus on them.”
In a COVID-19 infection lawsuit, the plaintiff may have trouble proving where they were exposed to the disease. They could have walked through a retail establishment with no trouble then made contact with an infected person on the sidewalk. It would be very difficult to prove where exposure occurred in most cases.
Are You Facing a COVID-19 Infection Lawsuit?
Give us a call to discuss your situation. Some states, including Florida, have enacted laws to protect businesses from COVID-19 litigation. This could affect any lawsuits filed against you or your business.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.