Coronavirus cases will be filed and may be based upon injuries directly caused by COVID19 infection as well as harm resulting from actions undertaken during the Coronavirus Pandemic.
In the first week of April 2020, the Coronavirus continues to control every aspect of our lives here in Indiana and Illinois. Both states remain under “stay-at-home” orders. Illinois Governor Pritzker has announced an extension of Illinois’ Order to April 30, 2020. As of April 1, 2020, Indiana Governor Holcomb’s Order ends on April 6, 2020, with Indiana State Police enforcing it during traffic stops.
Coronavirus fatality counts are part of the daily news. On April 1, 2020, Indianapolis’ Fox59 reported 65 total COVID-19 deaths in the State of Indiana according to the Department of Health, while the Illinois Health Department tallies 99 Coronavirus deaths in Illinois as of March 31, 2020. See, “Coronavirus in Illinois updates: Here’s what’s happening Wednesday with COVID-19 in the Chicago area,” published by the Chicago Tribune on April 1, 2020.
Lawsuits for Coronavirus Injuries: Insurance Companies and Businesses Are Preparing Their Defenses Now
Meanwhile, in corporate boardrooms and across insurance carrier conference tables there are discussions and plans in the making to deal with the upcoming claims and lawsuits that will be filed for injury damages resulting from COVID-19 and the Coronavirus Pandemic.
Almost a month ago, Fortune interviewed CEO of Lynas Corporation, as well as insurance company representatives and various corporate lawyers. Read, “Once Coronavirus Fades, Global Businesses Are Set To Face New Danger: A Wave Of Lawsuits,” written by Bob Van Voris, Chris Dolmetsch, Edvard Pettersson, Hugo Miller, and Bloomberg and published on March 4, 2020, by Fortune Magazine.
Potential defendants are planning ways to limit liability, if not exclude themselves from any responsibility whatsoever, for things like deaths and injuries in hospitals and nursing homes, as well as in schools, children’s day care facilities, hotels, and more based upon theories of negligence.
Insurers are debating whether or not insurance policy provisions will cover Coronavirus-related claims made by businesses. Can they deny coverage?
Legal research is being done, too. Will an “Act of God” defense work against COVID-19 claims made by victims or their families?
Coronavirus Victims: Seeking Justice for Illness and for Accident
As we have discussed previously, the Coronavirus Pandemic will result in two types of injury claims.
First, there will be the direct injury resulting from exposure to the COVID19 virus and a resulting infection and illness. These are cases made by coronavirus illness victims.
Secondly, there will be indirect injuries that are not caused by coronavirus illness itself, but in accidents caused by the circumstances surrounding the reaction to the pandemic. These are claims made by coronavirus accident victims.
We have delved into three of these scenarios in earlier posts:
- Commercial truck driver exposure and semi-truck crash fatalities. Claims may be made not only because of the trucker’s coronavirus illness (or death) but also based upon semi-truck crashes during the relaxed safety standards in place as part of the COVID-19 response. See, Coronavirus: Truck Driver Dangers of Injury and Accident in Indiana and Illinois
- Nursing Home exposure and fatalities. Residents of nursing homes in Illinois and Indiana are extremely vulnerable to the COVID-19 virus and claims may result not only from coronavirus illness or fatality, but also because of abuse or neglect injuries that happen during nursing home quarantines. See, Coronavirus: Nursing Home Liability for COVID-19 Injuries in Illinois and Indiana
- Employers’ failure to protect employees. Claims may be made for an employees’ exposure to the COVID-19 virus due to the employer’s failure to meet its duty of care to its workers, as well as injuries sustained by workers in accidents as they continue working on the job during the Pandemic. See, Employers’ Duty to Protect Workers during Coronavirus Outbreak
Variety of Legal Bases for Coronavirus Victims under Indiana and Illinois State Law
As the insurance companies, defense lawyers, and corporate management understand all too well, there will be a wide variety of legal claims resulting from neglect and intentional bad acts occurring during the Coronavirus pandemic.
These claims may include things like:
- Negligence by Employers
- Negligence by Other Parties
- Medical Malpractice
- Hospital Malpractice
- Wrongful Death
- Premises Liability
- Product Liability.
Consider, as just one example, the CNN report that some coronavirus test kits were flawed but the Illinois Department of Health had found no issues and was continuing to use them. Read, “Some Coronavirus Test Kits Shipped to States Are Not Working as Expected, the CDC Says,” written by Faith Karimi and Jen Christensen and published by CNN on February 13, 2020.
Another example of a product liability issue may involve flawed face masks. Read, “NJ hospital sold 1K faulty N95 masks, spokesperson says,” written by Corey Crockett and Aliza Chasan and published by Pix11 TV on March 26, 2020.
During the current national crisis, businesses in Indiana and Illinois are mandated to institute specific levels of care in response to the Coronavirus. These are defined actions that are to be undertaken to protect employees and management, as well as customers, clients, and the general public.
Duties exist under state law as defined sanitary steps put in place to stop the spread of COVID-19 infections. If victims can establish the company or business failed to meet with these mandates, then there may be a legal claims to be made for damages resulting from coronavirus exposure. These may be based upon negligence, product liability, or premises liability.
Failure to properly care or treat coronavirus victims, as well as protecting against COVID19 exposure, may result in malpractice claims made against health care providers as well as care facilities like hospitals and nursing homes.
Workers put in the face of danger during the Coronavirus Pandemic and who suffer accident injuries as a result may also have claims for damages based upon negligence and premises liability as well as workers’ compensation laws.
Finally, both Indiana and Illinois have wrongful death statutes in place to provide justice to those who have lost their lives (as well as their loved ones) due to the bad acts of another.
The Unique Circumstances of Coronavirus Cases in Indiana and Illinois Law
These are unprecedented times for all of us, and dealing with Coronavirus-related injury claims under both Indiana and Illinois law will be unprecedented, as well. Each case will need to be individually investigated and researched as a distinctive and first-time legal situation.
In addition to the task of coordinating factual circumstances with legal bases for these injury and accident victims, there will be the need to consider the timing of their exposure or accident.
Instances of failures by businesses to protect against exposure in late January or early February may be seen in a different light than those that happen long after everyone was aware of the COVID-19 dangers and protocols had been established against its spread or outbreak.
Nevertheless, victims of neglect or intentional disregard of the dangers we all face from the Coronavirus do have avenues for justice in place under the state laws of Indiana and Illinois. Both the victims and their loved ones will be able to file claims against those responsible for their harm. Please be careful out there!
