Mom sues school district b/c her sons caught covid from unmasked student on bus:

[tblue37]

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A mother of three has sued a southeastern Wisconsin school district, saying her sons contracted COVID-19 after her eldest was seated next to a sick, unmasked classmate.

[onecaliberal]

1. Good. Rinse, repeat.

Make district pay these people. Maybe the school boards will finally find a spine.

[Zeitghost]

2. Its going to be impossible

To prove the time, place or source of the contraction of the virus. And that's just the start of their uphill battle. Impossible case to win.


I also question what kind pf precedent it would set. How severe would a communicable disease need to be and what steps would a public school need to take to prevent its spread in order to not be liable? I also wouldn't be surprised if schools were already exempt from such liabilities by statute.

[Irish_Dem]

7. Yes but the school has a mask policy I believe, and it didn't enforce its own rules.

Certainly there would be some liability for that?

[ProfessorGAC]

8. In A Civil Suit...

...culpability does not have to be proven beyond a reasonable doubt, and the jury doesn't have to come to a unanimous decision.
Just a preponderance of evidence is needed & the facts, as we know them now, is an unmasked, infected kid sat next to her kids, and they got sick. Facts as they stand now, are fairly damning.
So, it's not impossible. We could argue the likelihood of success certainly, but impossible it's not.

[Zeitghost]

12. 1 question

Has anyone ever been sued successfully for negligently passing on an airborne communicable disease? I don't believe so but would be curious if anyone has.

[ProfessorGAC]

13. Takes Only One Jury

Your question is solid, but i think the basis of the suit is the district's failure to enforce its own protocols.
They set those up because they knew there was a danger, but didn't execute.
Your point seems it would apply if they sued the other family.
But, I'm reading it as the suit is about failure to execute.

[Lunabell]

3. Hit them in their pockets.

It's the only thing republicans understand.

[roamer65]

4. Preponderance of the evidence.

The school will settle out of court.

[mollie8]

5. Also, sue the parents

I get so mad when I see parents claim they/their children have a right not to wear a mask. If a few of the parents got sued for the mayhem and heartache they cause, maybe they'd begin to see that your rights should not extend to hurting others.

[Rhiannon12866]

6. Children in the school district here are required to wear masks both in school and on school buses

This has been in effect since the last school year, so they are used to it. They're in even closer proximity while riding on the bus than in class, so they need to keep their masks on until they get home, that's policy here in New York.

[lagomorph777]

9. Sounds like she has a case for deliberate gross negligence

[malaise]

10. Hope she wins

Rec

[Wounded Bear]

11. K & R...hope it works to make some people see reality...

traditionally, it wasn't necessarily the regulations that forced businesses to enact safety protocols. It was the lawsuits that happened when the regs removed their protections from liability. The real enforcers weren't the goverment, it was the insurance companies.

I imagine the school district has some kind of liability insurance. I don't know if it will cover this, but it would indicate a settlement is coming.