Yes, but…

If you’ve been reading this blog for a while, you know what I’m going to say…you can essentially sue anyone for anything, but that doesn’t mean it’s always a good idea.

I recently read that there has been an increase in COVID-19 “Take Home” lawsuits. In short, people are suing businesses after contracting COVID-19 from a family member who allegedly brought it home from work.

It’s a tough argument, but people are making it. If you were to contract COVID from say, your wife, who you believe brought it home from work, you could attempt to hold her employer responsible.

As with any injury case, you would need to prove that the employer had a duty of care, had breached that duty of care, that the breach caused injury, and that you sustained damages as a result.

A major challenge I see is proving that your illness came directly from THAT place of business versus, say, the grocery store or your kids’ school.

If your damages are minor, like missing a few days of work and an unpleasant week of watching tv on the couch without being able to taste the “green” in your smoothie, it’s probably not worth pursuing.

If the damages were significant, though, like a lengthy hospital stay, lost wages, or even a wrongful death, a claim might be worth considering.

I like to believe most attorneys would shoot you straight and tell you upfront if pursuing a claim would be more headache than it’s worth, but I guess lawyers aren’t at the bottom of the list of “professions that contribute a lot to the well-being of society” for nothing!