Covid19 – Civil Liability Of Those Infected

In this article, we examine the potential civil liability faced by those who are infected with the Covid-19 virus, whether they are confirmed or suspected cases of infection.

The Simple Case - Clear Knowledge of Infection

Imagine a scenario whereby someone is aware that he or she is infected by the Covid-19 virus, but flouts the requirement to stay in quarantine or self-confinement. Does that person have any liability for failing to comply with a duty of care not to expose others to the risk of being infected with Covid-19? The immediate answer to such a question would seem to be that a duty of care would indeed arise, the breach of which would give cause to a right of action in negligence whereby the victim of such a breach would seek both special as well as general damages.