Whilst many businesses and local authorities are making every effort to comply with the new government guidelines relating to coronavirus, unfortunately this is not always the case and people have sadly contracted the virus as a result. Since the outbreak we have had clients contact us who have contracted coronavirus as a result of businesses not having the appropriate measures in place. One example is a client who had been on a coach trip prior to lockdown and someone on the coach was known to have coronavirus, however the appropriate measures were not put in place and a number of people then contracted the virus.
Many businesses seem to be adapting well to the current environment and we support those who are implementing the necessary measures to minimize the spread of coronavirus. However, the measures required to reduce the risk of people catching coronavirus have to be considered in a similar way to how warning signs are required to warn of slip hazards. When you are a visitor to someone else’s premises, for example in a shop or on public transport, you are owed a duty of care, in the same was that an employer owes a duty of care to an employee. To bring a claim of this kind, you would need to prove that the someone had breached the duty of care owed to you by not implementing the appropriate measures and that, on the balance of probabilities, you contracted coronavirus as a result of those measures not being in place. These measures could include failing to manage the queues, limit the number of people in a store or increase the frequency of cleaning.
In the same way that compensation is available when a company has failed to clean a spillage in a shop and someone has been injured as a result, there should be compensation available for when people have contracted coronavirus as a result of someone failing to implement the government guidance.
The teams here at Express Solicitors have been advising clients around the liability issues resulting from coronavirus, so if you think that you or a family member may have contracted coronavirus as a result of someone failing to take adequate care, please do not hesitate to contact us to discuss bringing a claim for compensation.