Charlotte Injury Lawyers Blog
Charlotte Injury Lawyer Matt Arnold answers the question: “What is the value of my case?”
Now that North Carolina has enforced a “stay-at-home” order to curb the spread of the coronavirus disease, can you sue someone for infecting you with COVID-19? The answer is not straightforward.
You can bring a personal injury claim if there is a preponderance of the evidence that another person or facility’s negligence caused you to become infected with the coronavirus (COVID-19).
In other words, when suing someone for transmitting COVID-19, you must be able to show proof that that other party infected you with the virus and caused you harm. Doing so may be difficult considering that you can become infected anywhere, any time.
Spectrum Technician Exposed Entire North Carolina Family to COVID-19
In some cases, negligence is easier to prove. For example, this Charlotte woman may have a valid personal injury case to sue a Spectrum technician for exposing her entire family, including her twin baby boys, to COVID-19.
The woman was desperately trying to protect her children since they were born 26 weeks premature, according to WJAX-TV. The entire family could have become infected with coronavirus after the woman called Spectrum to have her Internet serviced.
During the first call, the woman asked Spectrum if the company was taking any steps to protect customers from potential exposure to COVID-19. The customer service representative replied that they “were taking this situation very seriously” and were pre-screening their employees. They also insisted that “all of their employees were healthy.”
The husband of the woman saw the Spectrum tech coughing when doing work outside. Four days later, Spectrum called the woman to inform her that the tech who arrived at her home tested positive for coronavirus.
Can You Sue Someone for Infecting You With Coronavirus?
Unless you can prove, with a preponderance of the evidence, that someone – the Spectrum technician, in this case – infected you and your entire family with coronavirus, suing them may not make much sense. Thus, if you have undeniable proof to show that the other party was at least 50% at fault and directly responsible for your injuries, you may be able to hold that person accountable.
In some cases, people diagnosed with COVID-19 may have a higher chance of proving someone else’s fault and recovering damages (e.g., if you became infected at a nursing home, hospital, or even your own home when someone came visiting).
An attorney would evaluate whether “reasonable measures” were taken by the other party to prevent or minimize exposure to coronavirus. Also, you may be able to sue if the individual who gave you COVID-19 was infected with coronavirus but refused to isolate themselves.
Every case is unique, and it is difficult to pinpoint someone else’s fault when you were infected with coronavirus, which is why you should talk to an attorney to review your circumstances. If you have grounds for an injury claim, seek medical attention, and keep a documented record of your treatment and bills. Let our lawyers at Arnold & Smith, PLLC, evaluate your case. Call us now at 704-370-2828 to speak with our lawyers to explore your legal options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
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