Well as soon as they can prove where he contracted the virus they might have a case. Since that is completely impossible they are wasting everyone’s time
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According to this since he was not allowed to wear a mask his family is going to have a pretty good case.
There are aspects of COVID-19 deaths that make them prime targets for wrongful death suits, and some factors that could make the cases difficult.
Businesses can’t claim ignorance when it comes to the risks of COVID-19. If a business doesn’t take the necessary steps to maintain a clean, disinfected workplace or doesn’t require customers or employees to wear masks and someone gets sick and dies, the worker or customer’s family could have a strong case that the business’s negligence caused the death.
However, not every case will be so clear. How can you prove the worker or customer got COVID-19 at the business? It’s relatively easy to prove a strong correlation in the nursing home case – 16 residents are dead and dozens more staff members and residents have been diagnosed with the virus. It will be easy to prove that COVID-19 was running rampant through the facility, but plaintiffs will also need to prove the assisted living facility was negligent in its sterilization and mitigation efforts.
If the defendants can prove they took every possible cautionary step to prevent the spread of COVID-19 and people still got sick, the cases could be much harder to win.
The Illinois Walmart isn’t the only one taking heat for COVID-19 deaths. There’s also a Walmart in Aurora, Colorado tied to a
COVID-19 outbreak that led to three deaths. There again is a situation where health care experts have tied that specific location to COVID-19 and questions will be asked about their disinfecting and safe workplace practices as a result.
In the Illinois Walmart COVID-19 wrongful death case, the deceased’s family alleges the worker told managers about his symptoms days before he was finally sent home. He was then found dead in his home two days later. A second worker at the store has also been diagnosed with COVID-19.
The plaintiff alleges other employees had COVID-19 symptoms, yet management failed to properly clean and disinfect the store or adopt social distancing and other safety measures. That case will likely hinge on whether or not the family’s attorneys can prove the store’s mitigation failures were responsible for the employee’s COVID-19 infection.