Can I Sue if I Test Positive for Coronavirus after Patronizing a Business?

It’s almost like something out of a science fiction movie. One day we’re living our lives carefree, and the next we’re strategizing how to buy toilet paper from Amazon and it’s all because of the Coronavirus. Navigating the waters of this unpredictable illness has raised some pretty big questions. One of these questions is, can you sue a business if you become infected and suffer from Covid-19 after having visited it?

Premises liability claims are fairly straight forward. You essentially have to prove that you were injured on someone else’s property by some hazardous condition, that they knew of the risk or danger and failed to warn you about it. Seems simple enough, right? Enter the Coronavirus.

What might go into making a claim for Coronavirus infection

Most premises liability cases hinge on visible dangers such as loose steps causing someone to lose their balance and hit their head, or water on the floor that someone slips on causing them to fall and break a leg. It becomes much easier to prove the negligent behavior when the danger is tangible. Something like a virus can’t be seen without a high powered microscope so it takes a little more effort to prove a victim became infected at a particular business. It’s not impossible; just more difficult.

So how do you go about proving that you contracted a disease such as Covid-19 from a specific business you’ve visited when it has up to a 14-day incubation period? The options are somewhat limited. If you happen to be one of those who are at high risk for the virus, it’s unlikely that you are making the rounds to shop till you drop every day. It’s much more likely that you’re taking every precaution possible to protect yourself and limiting the contact you have with the rest of the world.

Narrowing down the point of contact:

• If you are only going grocery shopping a couple of times per month at the same grocery store, it’s easier to determine where you contracted the virus.
• Engaging in contact tracing measures with a credible agency helps pinpoint other potential victims who have a common point of contact. While the agency conducting the tracing can’t release victim’s names, you’ll know the commonality you all share.
• Observing the behavior of employees and other patrons while on the premises of each business and noting whether they are following safety guidance, such as wearing masks.

How could a business have known the risk?

Some types of businesses are going to become more of a risk making it easier to hone in on being the source of the Coronavirus should someone become sick. The very nature of these businesses will increase the likelihood of someone infected passing through their doors so they have to be more vigilant in creating safety protocols to protect their patrons. This includes posting warning notices and taking steps to reduce the risk you take by entering the business, particularly where you’ll be sharing close quarters with other people.

Some of these businesses include:

• Hospitals and long-term healthcare facilities where people are sick and/or living together for a period of time.
• Hospitality industry, especially hotels and cruise ships, where people are forced to remain together for days or weeks at a time.
• Personal contact businesses such as nail and hair salons or gyms where multiple clients and members are sharing space at the same time.
• Solo services like those provided by massage therapists and estheticians where you aren’t sharing space with numerous people at a time, but your service provider is seeing several clients per day and becomes a common point of contact.

How businesses are trying to protect themselves

While businesses are reopening, they are aware of the risk posed to those who choose to do business with them and they are taking steps not only to try to protect customers but also to protect themselves from liability. Safety protocols are being put into place by many companies whether they’re limiting the number of people allowed inside or requiring them to wear face masks upon entry. That alone satisfies the element that they’re aware of the danger to you.

More businesses are beginning to require liability waivers be signed in an attempt to stave off lawsuits from anyone who ends up with Covid-19 after visiting their shop, studio, gym, or office. They want you to come in; they just don’t want to be responsible if you get sick from doing it.

Coronavirus liability waivers are being implemented for close contact businesses from hair salons to gyms, basically stating that if you come inside, you do so at your own risk. These businesses are implementing safety protocols to follow; however, they don’t want to be the enforcer should someone choose not to adhere to the rules and infect someone else.

If you have questions about these waivers and what rights they may take away from you, it would be a good idea to run it by a personal injury attorney before signing one and taking a chance.

If you believe you have been harmed due to a dangerous condition at a business you have patronized, you deserve to be compensated for your damages. The knowledgeable Oklahoma City premises liability attorneys at Cunningham & Mears are here to protect our community from reckless behavior that injures our citizens. To schedule your free case evaluation with a member from our team, call 405-232-1212 today or we invite you to reach out to us through our contact form.