A Word on Covid-19 Liability From Your Doña Ana County Lawyer
The pandemic of Covid-19 has created the need for various legal concerns to be reexamined, new laws created, and new issues addressed, especially as we may well be in the midst of a new wave of cases brought on by variants in the virus’ presentations. It is of the utmost importance to keep ourselves, our families, and our communities safe as much as possible. To this end, it requires a temporary reshaping of the way that we have been living our lives. We’ve all borne out the cost of this illness in many ways.
At the Law Office of Kenneth G. Egan, we value your concerns and want to assist you as much as possible.
If you have a claim or concern that involves Covid-19, we’re here to help. The legislation covering Covid-19 can be murky and difficult to understand. Kenneth G. Egan and his associates are here to help.
It’s important to know what legal measures New Mexico has adopted in terms of liability. Remember that legally liable means “responsible or answerable in law; legally obligated”. In terms of holding someone legally liable for Covid-19 violations, they must be found in breach for a variety of highly variable conditions. If you go to a restaurant to eat and you test positive for Covid-19 later, there may be no way to link your exposure to that particular facility, especially if you visited various other public places on the same day or within a number of days that could have resulted in a positive test.
But if you find that the establishment in question was also a place where ten other people who had no interaction with each other otherwise also received positive Covid tests, there is a strong likelihood that you not only may have contracted the illness, but that that particular place may be potentially prosecuted for negligence of varying degrees, and you may be eligible for damages awarded as part of the prosecution of that business’ negligence.
Like many other states, New Mexico does not draw extremely clear lines on liability, negligence and causation. This is largely due to the extensive propensity for community spread of this particular illness. Finding causation in terms of a particular defendant can be incredibly difficult, and it may require testimony and evidence from a large number of persons. “In New Mexico, persons whose conduct may expose others to an infectious disease must exercise reasonable care.” (from State of New Mexico General Liability Covid-19 Quick Guide) That being said, while “reasonable care” has been determined in Madrid v. Lincoln City. Med. Center, 1996-NMSC-049, ¶ 29,31, 122 N.M. 269, 923 P.2d 1154, there may still be a considerable grey area in the matter, depending on the plaintiff and defendant, the circumstances around a purported acquisition of Covid-19 at a particular business, and the determinations in previous similar cases.
With all of that in mind, it’s important that you know that The Law Office of Kenneth G. Egan will do everything possible to fight for your rights in your Covid-19 case. Civil lawsuits are being heard in New Mexico courts and any concern you may have over catching Covid-19 due to legal liability or improper following of precautions in any public area in New Mexico deserves its day in court. We want to make sure that you have the best representation and the highest possible award under due process. It’s your right to be protected from Covid-19 when you are in public places, whether that is a restaurant, hospital, grocery store or anywhere else. Contact the Law Office of Kenneth G. Egan today.
