I THINK I CONTRACTED COVID-19 AT THE STORE. IS THE STORE LIABLE FOR MY INJURIES?

In a standard premises liability lawsuit, the plaintiff must prove that there was an unreasonably dangerous condition on the premises, that the owner actually knew or reasonably should have known about it, the owner failed to take reasonable measures to prevent the dangerous condition for injuring others, and the dangerous condition caused damages to the plaintiff. Applying these general standards to a Covid-19 case, a plaintiff will have to prove that an agent of the store had Covid-19, that the store knew or reasonably should have known about it, the store did not take adequate measures to prevent others, including the plaintiff, from contracting Covid-19, and that the plaintiff contracted Covid-19 through the agent of the store. This is an explanation at its most basic level.

The store will certainly have several defense to make, including that it acted reasonably under the circumstances (by enforcing social distancing, limiting people inside the store, wearing personal protective equipment, etc.), that plaintiff will not be able to prove causation (because plaintiff can’t be sure that she contracted the virus from someone at the store, as opposed to contracting it from someone else entirely), and comparative fault (plaintiff was at fault by going to the store unnecessarily during a stay-at-home order).

If you are thinking about filing a lawsuit under these circumstances, contact us at [email protected] for more info or for a free consultation. Our premises liability personal injury attorneys are former defense attorneys who are now on YOUR side!

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