Can you win a court case against someone who gives you COVID-19? We asked a Redding attorney – Record Searchlight

CDC removes COVID risk warning for passengers going on cruise ships

The CDC dropped its risk assessment of cruise travel after more than two years of warning travelers against the dangers of COVID on a cruise ship.

USA TODAY

The lifting of most external pandemicprotections this wintercould increase the risk of catchingCOVID-19 from someone without a mask who's infected.

For the most part, people need to protect themselves and assume risk, but there are cases when a person with the virus is accountable for spreading it.

In some cases, a person saying they'd intentionallyspreadCOVID-19 resulted in an arrest for making a terrorist threat.

But can you sue in court and win against someone who knowingly has COVID-19 and gave it to you?

Theoretically, yes if you couldprove the person infected you intentionally andyou didn't get it from someone else.

In California, the general rule is that all persons have a duty to use ordinary care to prevent others frombeing injured as the result of their conduct. Redding attorney Catie Barrsaid.

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In 2006, the California Supreme Court ruled a person has a duty to avoid knowingly transmitting an infectious disease. It compared being stricken with a disease dueto someones negligence as no different than being hit by a car due to the drivers negligence. Therefore, the intentional spread of an infectious diseasecouldbe prosecutedcivilly, Barr said.

The trouble is proving the person intentionally gave you COVID-19.

Just being exposed to the disease by someone and contracting it isnt enough.

There must be proof that the individual knowingly transmitted the disease and (you were)actually harmed by that specific conduct," Barr said. "This would be incredibly difficult to prove.

Past successful cases dealt withintentional transmission of sexually transmitted diseases, like HIV, Barr said. Establishing proof in those situations is likely easier thanproving transmission of COVID-19.

California Safety Code 120290 says a person is guilty of intentional transmission of an infectious or communicable disease if:

You'd have to prove all five pointstoshow a violation, according to California Safety Code 120290.

To read the complete code go to bit.ly/3qsBc6J.

Intentionally spreading or threatening to spread COVID-19 could be considered a terrorist act, according to the U.S. government.

On March 24, 2020 about a week after the national shutdown the U.S. Department of Justice issued a memorandum regarding COVID-related criminal behavior, including "threats targeting specific individuals or the general public" and "the purposeful exposure and infection of others with COVID-19."

The documentclassified thecoronavirus as a biological agent and said spreading it couldfall under nationalterrorism-related statutes.

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The next day, USA Today reporteda Missouri man was arrested and charged with making a second-degree terrorist threat after Warrenton police saidheposted video of himself saying "Who's scared of coronavirus?" and licking stock at a Walmart.

Other cases involve people posting they planned to spread COVID-19on social media ordeliberately coughing on others while claiming they had the virus.

To read the memorandum, go tobit.ly/3K0Aup5.

This story resulted from a reader question. Do you have a question on a North State issue that you want us to investigate? Share with us questions you have about health care, retail, restaurants, housing or anything else that's affecting your wallet.

Jessica Skropanic is a features reporter for the Record Searchlight/USA Today Network. She covers science, arts, social issues and entertainment stories.Followher on Twitter @RS_JSkropanicand on Facebook. Join Jessica in theGet Out! Nor Calrecreation Facebook group. To support and sustain this work, please subscribe today. Thank you.

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Can you win a court case against someone who gives you COVID-19? We asked a Redding attorney - Record Searchlight