If I Wrongfully Contracted Coronavirus, Can I Sue?

May 20th, 2020 by Attorney John Colvin

coronavirus law

The coronavirus (COVID-19) is affecting virtually all communities. The Tennessee Department of Health reports that every county in the state has at least one confirmed case of COVID-19. With the virus being so widespread, it is crucial that companies and organizations take proper precautions to protect employees, patrons, and members of the public from exposure.  

If you or your family member contracted the respiratory disease, you may be wondering: Can I file a lawsuit?  The short answer is ‘yes’—though whether or not the lawsuit will be successful depends on your ability to prove the defendant’s liability. Here, our Tennessee personal injury attorney provides an overview of your rights if you wrongfully contracted COVID-19. 

Coronavirus Exposure and Liability: What You Need to Know

As a starting point, it is important to know the limitations of a coronavirus exposure claim. You can not hold a defendant liable simply because you contracted COVID-19 on their premises. Businesses, organizations, and other entities do not have an obligation to ensure that no virus transmission ever occurs. The law does not impose such a strict duty. That being said, you can hold a defendant liable if you can prove their negligence caused you to wrongfully contract COVID-19. To get a better understanding of coronavirus exposure claims, it is useful to review some of the lawsuits that have already been filed. 

  • Nursing Home Negligence: Residents and former employees have filed a lawsuit against a Gallatin, TN nursing home. There was a severe outbreak at the assisted living facility and the plaintiffs allege the nursing home failed to take basic preventive measures to protect vulnerable people from the virus. 
  • Business Negligence (Cruise Ship): Another example is passengers and family members who are suing Carnival cruise lines. They argue that virus exposure occurred because the company failed to safeguard customers after an outbreak was discovered on a ship.  
  • Employer Negligence: Walmart is being sued for wrongful death on behalf of an employee who passed away after contracting the virus. His family alleges that he did not receive proper personal protective equipment (PPE) from the company while on the job.  

All three of these coronavirus exposure lawsuits share a key common characteristic: the plaintiff alleges that virus contraction occurred because of the defendant’s reckless or careless actions or inactions. 

How Tennessee Negligence Attorney John Colvin Can Help

Coronavirus exposure claims are highly complex, fact-specific legal cases. John Colvin is a top-rated Tennessee personal injury lawyer with experience handling a wide range of negligence claims, including nursing home neglect cases and premises liability cases. If you or your loved one was exposed to COVID-19 because of the negligence of another party, Mr. Colvin will protect your rights. When you call our Winchester law office, you will get to speak to a lawyer who can: 

  • Conduct a free, in-depth assessment of your case;
  • Hear your story, answer questions, and explain your rights;
  • Investigate the incident—gathering evidence that proves negligence; and
  • Take immediate action to get you justice and full financial compensation.  

Call Our Tennessee Personal Injury Lawyer Right Away

At the Law Offices of John Colvin, our Tennessee personal injury attorney is a compassionate, results-driven advocate for victims. If you or your loved one wrongfully contracted COVID-19, we are available to help. To set up a free, no commitment case evaluation, please contact our law firm right away. With an office in Winchester, we serve communities throughout the entire region, including in Lincoln County, Marion County, Warren County, and Franklin County. 

Licensed to Practice in Tennessee & Alabama