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Note: I am not wanting to make this political. Please do not attempt to address political aspects of this situation or rail one way or the other. My question would be exactly the same if the facts of the situation faulted a Democratic senator. Or indeed anyone. The facts of the current situation raise an interesting question that will no doubt become more and more common in the weeks ahead:

Under what circumstances can someone be sued for negligent or reckless transmission of a global pandemic?

What if, in the current situation, I was Mitt Romney? And we don't know yet whether Mitt has gotten infected by Rand, but let's just assume for this question that he has, so we have a concrete example. Surely someone has, even if not him.

*The specific allegation in this situation is that Rand continued to use the Senate Gym and Pool, and also continued to hang out in close quarters with other senators while he was still waiting for his COVID-19 test result to come back. Mitt Romney was one of the people who came into contact with him at this time and is now self-isolating out of an abundance of caution (an abundance of caution that Rand did not demonstrate -- hence reckless disregard for others life). Rand's test does prove that he was infected with COVID-19 during this period after all.

Could I, as Mitt, now sue Rand Paul for negligent and reckless transmission of COVID-19 to me?

Note that Rand denies allegations of reckless or negligent transmission and I do want to fairly point that out, but in actuality the truth of the allegations can only be decided in a court.

So it does seem to me that Mitt could sue Rand in this instance, and a court would determine what Rand's legal liability is?

What limitations are there to keep lawsuits over negligent transmission from themselves becoming a kind of pandemic?

Bonus question, can employers be sued for creating a work environment that promotes transmission by refusing to offer paid sick leave?

Nate Eldredge
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drop acid not bombs
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2 Answers2

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Only a person who could prove that he contracted the disease from an individual would have standing to sue for resulting damages. Going to the gym does not exhibit a reckless disgregard for danger, even in the proffered circumstance. It is possible that a jury could find recklessness if a person who knows they have a highly communicable disease does something that is likely to cause transmission of the disease, but that is not the case in the proffered scenario. It is possible but as far as I know untested that in a jurisdiction where travel is forbidden (for medical reasons) that a person who breaks the law by traveling and can be proven to have caused the damage might be held negligently liable (the accused did not break the law, however).

Employers cannot be sued for not giving paid sick leave, at least until the state mandates that they do.

user6726
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-4

Considering that the families of those who died during the 911 terrorist attacks, who tried to sue for damages, were struck down in court by the federally imposed "terrorist act".

  • Perhaps, there will be another federally imposed "pandemic act" in this case.

  • Cases of knowingly transmitting HIV also come to mind.

  • It appears that we may have to go as far back as Typhoid Mary/John

BLM
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