Can California Employers be liable for spreading COVID-19 at home?

  • Home
  • |
  • News
  • |
  • Can California Employers be liable for spreading COVID-19 at home?

Employers may not be out of the trenches when it comes to possible legal liability relating to COVID-19. The Supreme Court of California has recently agreed to consider two novel issues relating to employer liability and COVID-19. The questions the Court will be considering are:

  1. If an employee contracts COVID-19 at their workplace and brings the virus home to their spouse and infects them, is the employer liable?
  2. Under California law, does an employee owe a duty to the households of its employees to prevent the spread of COVID-19?

The Ninth Circuit certified these questions for California’s top state court to review in Kuciemba v. Victory Woodworks, No. 21-15963 (9th Cir. 2022) after an appeal of a Northern District of California judge’s dismissal.

In Kuciemba v. Victory Woodworks, the employee and his spouse claimed that the company’s policies relating to COVID-19 and safety within the workplace were negligent. The employee further claimed that this led to the employee being exposed to and contracting COVID-19 in the workplace, which he then brought home and transmitted to his wife, causing her to become very sick.

The answer to the above questions could have a huge impact on employers. Even if COVID-19 infection rates are decreasing, the legal implications of the virus’ continued existence are here to stay. This is a great reminder to ensure your business is complying with, and has implemented all, mandatory state and federal COVID-19 safety regulations. We will monitor this case and provide any critical updates relating to the same.

If you have any further questions regarding the legal liability of spreading COVID-19, please contact us at info@mnklawyers.com.

This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.

SHARE THIS POST
Facebook
Twitter
LinkedIn
Email
Print