TRENTON, NJ – A California court decision could have an impact in the Garden State and the Empire State as thousand of people in New York and New Jersey got sick after their spouses were forced to go to work during the COVID-19 pandemic.
That ruling says you cannot sue an employer if you infected your family with COVID-19 contracted while on the job.
The California Supreme Court has ruled that employers cannot be held liable when workers contract COVID-19 on the job and spread it to their household members. The unanimous decision was in favor of business groups that expressed concerns about potential litigation overload.
The lawsuit was filed by Corby Kuciemba, who claimed she became seriously ill after her husband contracted COVID-19 at his job and transmitted it to her. However, the court stated that allowing “take-home COVID” claims could lead businesses to implement precautions that hinder public services or even shut down during pandemics.
The court highlighted that ruling in favor of Kuciemba would potentially make every employer in California a defendant, even if the company had taken reasonable measures to prevent the virus’s spread or if it is impossible to prove that employees contracted COVID-19 at work.
Justice Carol Corrigan, writing for the court, noted that even limiting the duty of care to employees’ household members would result in an enormous number of potential plaintiffs, possibly numbering in the millions.
William Bogdan, an attorney representing Victory Woodworks, the employer in this case, emphasized the significance of the ruling due to the two-year window for negligence lawsuits under California law.
The California Supreme Court took up the case after the 9th U.S. Circuit Court of Appeals in San Francisco sought clarification on whether California law recognizes negligence claims against employers when workers transmit COVID-19 to household members. The 9th Circuit is expected to uphold the decision to dismiss Kuciemba’s lawsuit following the recent ruling.
Business groups argued that allowing “take-home COVID” claims could open the door to lawsuits by the infected employee’s family and friends, as well as anyone infected by that network, leading to an endless chain of liability.
