Court Decision Aims to Prevent Flood of Litigation, Protecting Businesses From Liability
By Dolores Quintana
In a unanimous decision, California’s highest court ruled that employers cannot be held liable if their workers contract COVID-19 on the job and transmit it to their household members, as reported by the Associated Press. The ruling, which comes in response to a lawsuit filed by Corby Kuciemba, aligns with the concerns raised by business groups regarding the potential surge of litigation.
Kuciemba had filed a lawsuit claiming she fell seriously ill after her husband contracted COVID-19 at his job with Victory Woodworks Inc, a Nevada-based company, at a construction site in San Francisco in 2020. The California Supreme Court stated that ruling in favor of Kuciemba would effectively make every employer in the state susceptible to lawsuits, even if they had implemented reasonable precautions to prevent the virus’s spread. The court also noted the difficulty of proving employees contracted COVID-19 at work.
Justice Carol Corrigan, writing for the court, emphasized the enormity of the potential pool of plaintiffs if a duty of care was extended to employees’ household members. Such a broad application of liability would extend far beyond thousands and encompass millions of Californians. The ruling aims to prevent excessive COVID-related lawsuits from overwhelming employers and the courts.
William Bogdan, a lawyer representing Victory Woodworks, hailed the ruling’s significance, noting that although the pandemic is over, California law allows a two-year window for negligence lawsuits. Bogdan emphasized that the court recognized the practical challenges that would arise if take-home COVID lawsuits were permitted.
The 9th U.S. Circuit Court of Appeals had requested the California Supreme Court’s input on whether negligence claims against employers for the transmission of COVID-19 to household members are recognized under California law. Following the recent ruling, it is anticipated that the 9th Circuit will uphold the dismissal.
