Getting someone sick

Eladar

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27 May 20

Eladar

Joined: 12 Jul 08
Moves: 13814

27 May 20

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If I can demonstrate that a person made me sick, does the law allow me to sue that person?

What about the husband of a wife who died due to covid, if she was a nurse in a nursing home required by the state of New York to admit the covid patient? Does he have legal recourse to sue the state if she worked with that patient?

diver

Joined: 16 Feb 08
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27 May 20

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Eladar

Joined: 12 Jul 08
Moves: 13814

27 May 20

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sh76

Civis Americanus Sum

New York

Joined: 26 Dec 07
Moves: 17585

27 May 20

@eladar said
If I can demonstrate that a person made me sick, does the law allow me to sue that person?

What about the husband of a wife who died due to covid, if she was a nurse in a nursing home required by the state of New York to admit the covid patient? Does he have legal recourse to sue the state if she worked with that patient?

=== If I can demonstrate that a person made me sick, does the law allow me to sue that person? ===

If negligence can be shown, sure.

=== What about the husband of a wife who died due to covid, if she was a nurse in a nursing home required by the state of New York to admit the covid patient? Does he have legal recourse to sue the state if she worked with that patient? ===

States have sovereign immunity, but let's assume you get around that problem. The question is whether the state exercised reasonable care. New York would claim its policy was reasonable to try to protect hospital space. You'll need to show that the decision was made without reasonable care, not just that it was a bad decision.

Maybe the husband will win in any case. I don't know that it's clear cut one way or the other. I am pretty confident that such lawsuits will be brought.

Eladar

Joined: 12 Jul 08
Moves: 13814

27 May 20

-1

In this day and age, showing the other person was not wearing a mask should be enough to demonstrate negligence.

Everyone knows they are possibly asymptomatic anything, therefore should always wear a mask when around other people.

AverageJoe1

Catch the Train 47!

Lake Como

Joined: 27 Jul 10
Moves: 55707

27 May 20

-1

@eladar said
If I can demonstrate that a person made me sick, does the law allow me to sue that person?

What about the husband of a wife who died due to covid, if she was a nurse in a nursing home required by the state of New York to admit the covid patient? Does he have legal recourse to sue the state if she worked with that patient?

If you have aids, and knowingly sex with someone, who gets it, absolutely sue-able.

Eladar