The coronavirus (COVID-19) continues to wreak havoc on communities throughout the world and the United States. The novel virus quickly spread across the globe, causing unimaginable health and economic damage. As many states, including Texas, are reopening, coronavirus lawsuits are starting to pop up. Legal action is one way for those affected by the virus to seek compensation for their suffering, but when is pursuing a lawsuit appropriate? As discussed before, negligent nursing homes may face medical malpractice lawsuits for their handling of COVID-19.
Other coronavirus lawsuits are aiming at individuals and companies that took advantage of consumers during this time of crisis, while still others claim that more should have been done to stop the spread of the disease. If you or a loved one tested positive for COVID-19, and you believe another entity took advantage of your situation or their actions put you at risk, please contact Shamieh Law Firm. We are keeping a close eye on COVID-19 lawsuits and will do everything we can to support you during these difficult times.
As a collective nation, we are continuing to grapple with the ramifications of the outbreak, and our legal team is committed to supporting our clients any way we can. Today’s blog aims to take a closer look at the impact of the coronavirus and the possibility of virus lawsuits continuing over the next several years. As always, your health and safety is a top priority of ours. Please give us a call to schedule an appointment to discuss your case.
Understanding COVID-19 Class Action Lawsuits
Right now, we are seeing several class-action lawsuits for ‘price gauging’ against eBay and Amazon. According to court documents, plaintiffs are claiming that eBay allowed sellers to implement huge markups on items like face masks and cleaning supplies amid the global pandemic. Others argue that household goods sold on Amazon doubled in price due to the coronavirus, and the cost of other items increased by a shocking 1,000 percent.
These are just two examples of class action lawsuits that we are seeing right now. Here are a few other examples of COVID-19 lawsuits happening right now:
- Whole Foods, Walmart, Costco, and Trader Joe’s and other grocers face lawsuit over eggs tripling in price
- An Alaska resident faces a lawsuit over profiting from coronavirus after it was discovered he was hoarding thousands of N95 masks and selling them for a huge profit
- A Utah doctor is facing a lawsuit for attempting to sell a fake coronavirus cure for $299.95
- An eBay seller faces a lawsuit over high N95 mask price
- A Texas chiropractor is under scrutiny for selling homeopathic ‘cures’ for the novel virus
- A California doctor is being sued for selling fake coronavirus cure kits
- Coronavirus lawsuits against cruise lines that failed to protect passengers and prevent the spread of the virus
- Lawsuits against airlines for failing to handle the virus outbreak properly
- Lawsuits against healthcare companies who did not take adequate measures to protect staff and patients from the virus
- Virus lawsuits against hotels who did not respond appropriately to the virus, putting travelers at risk
- Lawsuits against daycare providers who took inadequate measures to protect children from the virus
- Lawsuits against federal, state, and local governments who were negligent in the handling of COVID-19
- Virus lawsuits against insurance companies who failed to protect businesses
These are just a few examples of the lawsuits currently taking place in various parts of the nation due to coronavirus. As you can see, numerous people have attempted to take advantage of the unprecedented situation by capitalizing on people’s fears.
Who is Liable?
Proving liability is an essential part of any lawsuit, but it is particularly tricky when it comes to virus lawsuits. Liability has become a ‘simmering issue’ amid the pandemic. Given the number of deaths coming from nursing homes in the U.S. alone, we are sure to see thousands of lawsuits claiming unsafe working conditions and inadequate levels of care. Let’s look at some of the factors that determine liability and prove fault or negligence in a typical lawsuit:
- Duty – For a lawsuit to move forward, the plaintiff must be able to show that the defendant owed a legal duty to the plaintiff
- Breach – Once the duty is established, a lawsuit must show that the defendant breached this legal duty of care
- Causation – You must be able to show that the defendant’s actions caused the plaintiff harm or injury, or in this case, directly led to their development of the virus
- Damages – Lastly, you must prove the incident resulted in monetary damages, such as loss of income, medical bills, and missed time at work
Virus liability is a major question right now that still has a lot of open-ended questions. We will continue to update you as we learn more and will do everything we can to answer your questions. If COVID-19 impacted you and you believe another person or entity’s actions (or lack thereof) directly affected your case, please contact Shamieh Law. We understand how challenging times are right now and are dedicated to doing everything we can to support you.