A California appeals court permitted a Los Angeles County
wrongful death lawsuit for COVID-19 “take-home”
liability to proceed. The plaintiff claims that
plaintiff's employer's negligence resulted in
plaintiff's transmitting COVID-19 to plaintiff's
non-employee spouse, resulting in the spouse's death.
Though raising the specter of broad liability for pandemic-related
injury and death, the court did not determine if the employer had
an enforceable legal duty. Other defenses protect businesses
against personal injury claims arising from the COVID-19 pandemic,
including potential “take-home” claims.
Plaintiffs' Claims and the Court's Decision
In Matilde Ek, et al. v. See's Candies, Inc., et
al., plaintiffs allege that in March 2020, the plaintiff,
defendants' employee, contracted COVID-19 at work.
While convalescing at home, plaintiff allegedly transmitted
COVID-19 to her non-employee husband, resulting in his death.
The family filed a complaint for negligence
