Candy Factory Sued After Death Of Employee’s Husband
Interesting winds are brewing in California where a lawsuit has been allowed to move forward in the district around San Francisco. According to the plaintiff, she was working on the line in a factory packed closely with other individuals when she contracted COVID, brought it into her home, and her husband died as a result of the disease. She sued the candy factory alleging that they failed to take reasonable measures to prevent the spread of the virus and are responsible for the death of her husband.
The candy factory moved to dismiss the lawsuit on the grounds that they are not responsible for the death of someone who is not their employee suffered outside their workplace. However, the court disagreed with their argument allowing the lawsuit to move forward. In this article, we’ll discuss some of the legal issues at play and what this could mean for Florida COVID lawsuits.
While the ruling only allows the lawsuit to move forward, it is a big win for the plaintiffs.
Understanding the legal elements at play
If a worker is injured on the job, they can generally only file a workers’ compensation claim with their employer. They cannot sue the employer under California or Florida law. However, what if an employer commits some form of negligence and a household member is injured as a result?
Let’s use a different example. Let’s say that you work around a toxic substance, like lead, and it gets on your clothes. Your children breathe in the lead and then suffer injuries related to lead poisoning. Is your employer responsible for their injuries? Are you?
It depends. If your employer has spent a good deal of time training you to work with potentially toxic materials, then you’re probably out of luck. However, if your employer neglected to inform you of the dangers of working with the toxic substance, then you have a case. Employers are expected to train employees who work with certain chemicals and ensure that they are meeting specific guidelines.
The same is true of COVID. The federal government places specific guidelines on companies that required workers to work through the pandemic. This included mask usage and more. In this case, the plaintiff claims that she was packed onto the line with other unmasked employees. In other words, the company did not follow the prevailing guidelines issued by the CDC and is hence liable.
In Florida, the governor has passed liability protections for businesses operating during the pandemic. However, the protections only extend to businesses that make a good-faith effort to meet CDC recommendations. In cases where a business does nothing, a lawsuit can still move forward.
Talk to a Miami Personal Injury Attorney Today
The Miami personal injury attorneys at the office of Alan Goldfarb, P.A. file lawsuits on behalf of injured plaintiffs against negligent defendants. Call today to schedule a free consultation and learn more about how we can help.