Can You Sue Someone for Infecting You with the Coronavirus in South Carolina?

With the current COVID-19 pandemic, a lot of people are confused about how you can get the virus. The government has told us that it is highly contagious. But how do you actually catch it? We know it remains on different surfaces for a certain period of time. We also know that if you’re within 6 feet of someone who has the virus, you can catch it.

A lot of people at risk of getting the virus are people like healthcare workers. They are on the front lines working with patients that are definitely infected. They also encounter hundreds of people a day – any of whom could be carrying the virus. The odds of someone in this field getting sick is a lot higher than other types of workers.

The question is – if someone does infect you, what should you do? Obviously you need to see a doctor immediately. They’ll test you to see if you are indeed infected. If you are, the test will come back positive. You’ll be quarantined and, depending on your symptoms, you may be treated for your illness. Some people are asking – can they file suit against someone who infects you with the virus?

A woman wearing a mask during coronavirus outbreak.

The short answer to this very difficult question is no – you cannot sue someone for getting you sick. It’s not like other illnesses such as AIDS or an STD. This is a new virus and even the medical community isn’t sure how it’s carried and passed from person to person.

If you have questions about your rights during this COVID-19 pandemic, you can contact an experienced personal injury lawyer right away. In the meantime, stay safe and stay inside.

This Virus is Different from Other Diseases

You may recall cases years ago when people were purposely having sex with innocent people in order to give them AIDS. It may sound insane but this was happening more than you may think. When someone would be diagnosed with the disease, they would be angry and scared. Rather than deal with it maturely, they would intentionally sleep with people without wearing a condom. It was a situation where they wanted to seek revenge on people. Or, they just wanted other people to be as miserable as they were. The same is true for STDs. Some people have mental issues and think it’s perfectly okay to intentionally infect innocent people with STD. About ten or fifteen years ago, there was a case where a man who had AIDS was sleeping with prostitutes so that he could infect them. Some of these women got sick. And, by now, we are sure that some of them have passed away. The man was held criminally liable for his behavior.

The Coronavirus is not like AIDS or an STD. It’s not something that you can get on purpose. The odds of your being able to file suit against someone who infected you with the virus is slim to none. 

Can Healthcare Workers Sue their Employers in South Carolina?

f you’re a healthcare worker and you were infected because your employer wouldn’t give you personal protective equipment, you may have a claim for damages. However, your damages would be limited to standard workers compensation benefits in South Carolina. For example, if you told your employer you had a compromised immune system and they forced you to work anyway, you might have a valid claim for workers comp. The same would be true if you catch the virus incidentally. If this is the case, you need to call a skilled personal injury lawyer in Greenville.

Call a Skilled Injury Lawyer in Greenville, South Carolina

If you find yourself infected with the Coronavirus, the first thing you’re going to ask is – where did I get it? You’ll rack your brain trying to figure out who could’ve gotten you sick. If you know someone who has the virus and spent time near them, maybe you got it from them. But if you know how you caught the virus, that doesn’t mean you can file a lawsuit against that other person. The law doesn’t hold people responsible for passing on an illness that their either didn’t know they had or couldn’t control the spread of.

Call today and schedule your free initial consultation. You can do this over the phone so that you don’t have to meet with your South Carolina injury lawyer in person. The consultation is free and you don’t pay a dime until you win or settle your case.