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FACT FINDERS: Can businesses be held liable if someone gets sick?

Updated: May. 14, 2021 at 6:28 PM MST
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TUCSON, Ariz. (KOLD News 13) - If a private business decides to allow vaccinated people to go maskless but they don’t require any proof of vaccination can they be held liable for someone getting sick?

It appears holding a business responsible would be very difficult.

KOLD News 13′s Wendi Redman spoke with attorney Mark Lamber with Fennemore Craig about it.

He said the customer would need to prove they got COVID from an unmasked COVID-infected worker or another customer.

However, that’s not all.

They would also need to show the decision to not require masks or proof of vaccine was negligent. Lamber says doing all of that would be pretty challenging. That’s especially true since the customer could choose to not go to that business if they don’t like the COVID protocols and it could be argued if they go in they assumed the risk.

If a business does look at vaccine passports there could be issues there too.

”How they would even have the ability to determine is that legit or not,” Lambersaid. “So, if I had a vaccine in another state could someone in that business even tell whether that’s a legit proof of vaccine or not? I’m not sure.”

As with most things during this pandemic, this is all new territory and courts will be dealing with this for the first time.

Copyright 2021 KOLD News 13. All rights reserved.