May 19, 2020
In an article published in Law360, Orlando attorney Michael J. Bittman discusses the risks Florida businesses must consider before reopening and the potential liability for transmission of the virus to employees, customers, and other invitees. Additionally, the article describes Florida law on negligent transmission of communicable disease, such as STDs, that courts may apply to COVID-19 personal injury lawsuits.
"Florida courts have grappled with cases alleging negligent transmission of sexually transmitted diseases for decades," writes Bittman. "The case law involving STDs suggests that Florida courts may hold businesses liable for negligently infecting others with COVID-19. But where the responsible party in the STD context is the infected person — who has a duty to warn sexual partners of the risk of infection — the question in the COVID-19 context is whether a business has a duty to protect others from a person who is infected with the virus."
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