Have you lost a loved one as a result of Covid-19 and you believe this death could have been prevented? Do you believe this death is a result of negligence on behalf of a business, organization or individual?
The nation and some parts of the world are paying attention to the recent 2020 August Maine wedding in which 7 deaths occurred as a result of Covid. Contact tracing has linked these deaths back to the wedding, the venue, and the wedding attendees. Many believe these deaths could have been prevented, and according to the Bangor Daily News, the “62-person reception at the nearby Big Moose Inn [that] violated several state restrictions meant to prevent the spread of COVID-19, including a 50-person limit on indoor functions.”
Incidences like these in which negligence appears to have played a role in the spread of Covid may result in a legal case. This area of the law is relatively new so if you’ve experienced a similar scenario and you need more information, read below and contact Mann Law to discuss your case.
I and my loved one did our part (quarantined, wore a mask, avoided contact with others such as not hugging, etc), yet we have evidence that parties with whom we came in contact did not abide by state regulation. Do we have a case?
You may have a case if contact tracing links your case of Covid back to an organization, business or individual representing that business or organization that did not follow regulation and guidelines. See below.* If the reversal of such behavior could have prevented the spread of Covid 19 and the resulting death to your loved one, you may have a case.
What is contact tracing and how can it help my Covid case?
According to the CDC, contact tracing “…is a process to identify, monitor, and support individuals who may have been exposed to a person with a communicable disease, such as COVID-19…This includes working with patients and contacts on isolation (separation of people infected with the virus from people who are not infected) and quarantine (separation of people who might have been exposed to COVID-19 from others).” The use of contact tracing can link your case back to a business or organization where negligence on their behalf led to the spread of Covid.
What factors could interfere with my Covid case?
Burden of proof could interfere with your case. That’s to say there must be evidence of the business or organization failing to follow Covid safety protocol as mandated by the federal and state governments. And as a result of that failure you or a loved one became infected with COVID-19. Without the burden of proof your case may be harder to win in court.
It is important to note the US Department of Commerce is currently working on S.4317, called the Safe To Work act, a bill to protect businesses from getting sued by employees and individuals affected by Covid. Businesses do not want to be held liable for people contracting and possibly dying as a result of the virus. However, do not be alarmed by this bill. This bill doesn’t mean you don’t have a case. This bill means that to have a viable case, the business or organization in question must have shown signs of negligence. Proof must be presented that any of the following occurred by the business, organization or individual:
*Failed to follow all state and federal recommendations and adhere to expert COVID-19 prevention advice
Failed to mandate employees wear masks
Failed to follow all recommended disinfecting and cleaning protocols
Failed to implement social distancing as much as possible
Failed to vigilantly monitor employee health and require sick workers to stay at home
If you believe the death of a loved one as a result of Covid could have been prevented had a business or organization followed guidelines, please contact Maine accident attorneys Mann Law today so we can help with your case. We look forward to hearing from you.