By now, you’ve probably already taken a side: with the mandate for vaccines or against the mandate for vaccines. We’re not sure what will happen in court when it comes to President Biden’s mandate that everyone who works for a company with more than 100 employees get vaccinated or face the consequences. There’s a lot to consider from a legal standpoint. There are good arguments on both sides — and there’s precedent to consider.
It’s because we don’t know what will happen in court that we cannot answer other questions with great certainty. For example, can you sue someone for giving you a coronavirus infection — and the subsequent COVID disease — if they aren’t vaccinated? The answer is probably not, unless of course that person is legally obligated to receive the vaccine and has refused.
Other factors are in play as well. Did the potential defendant infect you on purpose? Did the defendant go to work knowing they were sick? Did the employer know they were sick and ask them to work anyway? Most importantly, how many of the answers to these questions can be proved?
Here’s what needs to happen for you to have a good shot of suing someone for giving you the coronavirus if they aren’t vaccinated.
First, this person needs to have broken a law. For example, if the person is legally obligated to be vaccinated but refused, and then transferred the virus to you. Second, you need to prove that you were in close enough proximity to this person for him or her to have transferred the virus to you. Third — and most importantly — Biden needs to win in court. If he fails, then every case built on that mandate will fall as well.
Think you might have a case? Either way, it’s best to contact a qualified personal injury attorney for a free consultation to discuss details of your case. You never know!