It is the beginning of the New Year, and COVID-19 cases are not slowing down considering the emergence of the Omicron Variant. Businesses around the country are fearing a recent California court ruling regarding a wrongful death lawsuit of a California man against See’s Candies Inc.
According to Tom Hals of Reuters, the man died at age 72 from COVID-19 in April of 2020, and his family believes that See’s Candy is responsible. Understanding CDC guidelines for maintaining a safe and healthy working environment, See’s former employee and wife of California man states, “I was infected by the coronavirus while working inches apart from sick coworkers.” Thus, sparking what Hals says business groups are calling a “never-ending chain” of liability. Who knows how many families have been affected by one company’s alleged violation?
Furthermore, why is this case important for U.S plaintiff attorneys? Because this case ruling is the first of potentially many COVID-19 cases that an appeals court allows affected families to seek damages from businesses, known as take-home COVID-19 lawsuits. Therefore, the “never-ending chain” of liability may bleed to other states and prompt infected individuals to file lawsuits against companies that fail to enforce and or violate COVID-19 health and safety protocols.
Consequently, business owners across the U.S are contemplating whether they could recover if such an occurrence were to happen. According to Kyla Christoffersen Powel, President of Civil Justice Association of California, quoted by Hals, “the appellate court’s could open up California employers to frivolous COVID-related lawsuits that will further dampen the ability of small businesses in particular to recover.”
Nevertheless, plaintiff attorneys may need to prove gross negligence to have a fighting chance for their clients due to business interests efforts to counter COVID-19 related lawsuits. These lawsuits are on the rise involving major corporations like Amazon and Walmart, according to Hals. These cases result in dismissal if plaintiff attorneys cannot link workplace settings and COVID-19. With that said, there will need to be unreasonable doubt that victims of take-home COVID-19 cases traveled elsewhere other than their residences and work upon exposure.
At Advocate Capital, we abide by CDC COVID-19 health-related policies, protocols, and procedures. Apart from this, we encourage everyone to follow suit. With that said, COVID-19 is ruthless and has taken its toll on our society, emotionally and economically. We encourage all plaintiff lawyers fighting for the rights of their clients’ well-being to choose Advocate Capital. We believe in getting even better results for your clients.
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