two women wearing black and masks holding flowers at a cemetery

Who Is at Fault for Wrongful Death Caused By COVID-19 Infection in A Public Place?

By Krivitzky, Springer & Feldman | Comments are off for this post | Sep 15, 2020

Hundreds of thousands of people around the world have lost loved ones to COVID-19. Although some of these deaths couldn’t be prevented, many didn’t have to happen. If a property owner, business, or individual was negligent in doing their part to prevent the spread of the virus, they might be liable for any injuries or deaths that are caused.

Our wrongful death lawyers at Krivitzky, Springer & Feldman believe the more you know about how fault is determined in COVID liability cases, the easier it is to understand how the legal process works. Our legal team aims to remedy the wrongs that have been committed against your lost loved one and family.

Duty of Care Is A Critical Element of Wrongful Death Claims

Property owners, businesses, and individuals have a duty of care not to harm others. In cases involving the transmission of COVID-19 in a public place, the fault may lie with multiple parties. Still, it must be proven that negligence caused the person’s death. Like any other case, a COVID wrongful death claim must be determined using the following elements:

Duty of Care — The plaintiff must show that the defendant owed a duty of care to the person who died. For example, business owners must keep floors free of hazards, such as liquids, loose rugs, broken or dilapidated floors, and other dangers that could cause someone to slip and fall.  

Breach of Duty of Care — The plaintiff must then prove that the defendant breached that duty of care. If a supermarket fails to clean up a spill promptly, they have violated that duty of care.

Causation — The plaintiff must also show that the breach of duty of care is what caused the victim’s injury or death.

During the COVID-19 pandemic, everyone needs to be mindful of their duty to keep themselves, their families, friends, neighbors, customers, and communities safe and healthy. Whether someone deliberately ignores protocols that prevent the spread of the virus or fail to take proper precautions due to ignorance, they may be liable if their negligence causes illness or death.

Businesses COVID Liability

Regardless of the industry, all companies should follow state, local, and CDC guidelines to slow the spread of COVID-19. If you believe your loved one contracted the coronavirus because a company didn’t provide proper PPE for employees, enforce safety protocols, or take adequate cleaning and sanitizing measures, it’s essential to speak with an attorney as soon as possible.

Several states have already enacted COVID liability protections for businesses and employers, and some members of the United States Congress want to take the same type of federal action.

Each person who has been lost to this virus had others who loved and cared about them. Whether it’s a business that didn’t follow the rules or an individual with the infection who deliberately coughed on someone, those who have been careless should be held accountable. An aggressive attorney will pursue every possible avenue of compensation for your losses.

Proving Fault In COVID-19 Wrongful Death Cases

Proving that someone died from COVID-19 because they contracted it at work or in a specific public place is challenging. Many people visit all kinds of locations unless they’re still under stay-at-home orders. Even if a negligent party didn’t exercise reasonable care to protect members of their community, customers, or employees from being exposed, in most cases, it’s difficult to identify exactly where someone may have contracted the virus.

However, there are ways to prove that someone contracted COVID-19 in a particular place. For example, most of the poor souls who died in nursing homes rarely left the premises, so it makes sense that it is the only place they could have caught the virus.

We investigate contact tracing, statements from coworkers or witnesses, and evidence that a property or business owner neglected proper safety measures, including mandatory masks, physical distancing, or regular cleaning and sanitizing. An experienced wrongful death attorney can investigate the circumstances surrounding your loved one’s death and determine what action should be taken. 

Contact A Jersey City COVID Liability Lawyer

If you’ve lost a loved one, our team at Krivitzky, Springer & Feldman is here to provide the compassionate legal representation you need. Although no amount of money can make up for your loss, we can hold responsible parties accountable.

Contact us online, or call us at 201-798-2711 or 973-874-0556 to schedule a consultation or ask questions. We serve clients in Jersey City, Newfoundland, Vernon, Jefferson, Kinnelon, and throughout New Jersey. Se habla Español.

Krivitzky, Springer & Feldman