Coronavirus Injury Cases for Workers are Different than Other COVID Victims
In October 2020, Indiana faces a disturbing surge in Coronavirus cases as the Indiana State Department of Health (ISDH) reports there have been over 1000 new COVID-19 cases reported each day for the first two weeks of the month. The ISDH has 34,068 Coronavirus cases reported in the past thirty days (09/13/20 – 10/12/20). Sadly, there were more confirmed Coronavirus-related deaths being reported in the second week of this month than in any single week since June. For more, read “Indiana Shatters Record for Reported COVID-19 Cases-Per-Day, As Numbers Worsen,” written by Lauren Chapman and published by WBOI: Northeast Indiana Public Radio – NPR on October 9, 2020.
In response, Indiana Governor Eric Holcomb has extended the current Stage Five of the state’s reopening plan until November 14, 2020 (it was scheduled to terminate on October 17, 2020). Read, “Indiana to Remain in Stage 5 of Reopening Plan, Holcomb Announces,” written by Jared Goffinet and published by FOX19-NOW on October14, 2020.
Meanwhile, the entire State of Indiana has been placed on the City of Chicago’s Quarantine List by the Chicago Department of Public Health and Safety, effective October 16, 2020.
Chicagoans are urged to stay away from all of Indiana, and anyone going into or out of Chicago from the Hoosier State is mandated to self-quarantine for 14 days or their entire time in Chicago, whichever is shorter.
“….[T]he Order applies to individuals coming from…Indiana to Chicago for non-work purposes and Chicago residents returning from … Indiana, unless they are deemed an essential worker. Exceptions to the Order for personal travel will be permitted for travel for medical care and parental shared custody. Individuals who travel to … Indiana, even if for less than 24 hours, still need to quarantine upon returning unless deemed an essential worker or are a student who commutes for school. … Chicago residents are strongly advised to not travel to [Indiana].”
Indiana and Illinois: Different Restrictions on Business Invitees
Indiana and Illinois have had different approaches to the Coronavirus Pandemic. These include the following for the month of September 2020:
- Gathering
- Indiana had no limit on the number of people who can gather together; Illinois had a limit of 50.
- Restaurant
- Indiana allowed full capacity at its restaurants; Illinois required tables to be socially distanced at six (6) feet apart.
- Bar
- Indiana allowed full capacity in bars, with customers seated; Illinois allowed only standing areas in its bars and 25% customer capacity.
- Gym
- Gyms in Indiana could operate at full capacity; gyms in Illinois were restricted to 50% capacity.
- Nursing Homes
- Nursing home visitation was allowed in Indiana; in some Illinois nursing homes (not all), there could be outdoor visits only.
For more, including how other surrounding states were restricting the public during the Coronavirus Pandemic (Ohio, Kentucky, and Michigan) last month, read “How Indiana’s COVID Restrictions, Cases Compare to Surrounding States,” written by Matt McKinney and published by WRTV-Indianapolis on September 29, 2020.
COVID Claims for Business Invitees: Coronavirus Cases for the Non-Worker
We have discussed aspects of the challenges facing workers and employees in both Indiana and Illinois who have been exposed to the Coronavirus while on the job site. If a worker becomes ill from COVID-19, then the possibility that the worker has been injured due to an employer’s breach of care and safety should be explored.
For more, see:
- COVID-19 Workers’Compensation Claims: Illinois versus Indiana
- COVID Whistleblowers: When Employers Recklessly Fail to Protect Against Coronavirus Exposure
- Coronavirus: COVID Violations, OSHA Inspections, and Employer Liability Claims in Indiana and Illinois.
However, for those who are exposed to the Coronavirus while they are on the property or premises of a business but not employed by that commercial operation, their personal injury claims for the harm that has resulted from that exposure to COVID-19 will be different than those to be asserted by workers in either state. Their rights will depend upon their legal status upon entering the land as an invitee, licensee, or trespasser.
Invitee, Licensee, or Trespasser
In both Indiana and Illinois, non-workers will most likely assert their injury claims based upon established state laws applying to premises liability. It has been longstanding jurisprudence in Illinois and Indiana that property owners have a duty to those who visit their property. See, e.g., the Illinois Premises Liability Act (740 ILCS 130/).
The legal liability of the business for any harm suffered by the victim will be different depending upon whether or not the victim is found to be a business invitee, business licensee, or trespasser on the property. It is the responsibility of the Coronavirus victim to provide admissible evidence of his or her status on the premises when the COVID exposure occurred.
Generally speaking, an “invitee” enters the property upon invitation of the business because the business is interested in the possible profit or gain that may result. Invitees are customers, clients, shoppers, patrons, etc. and are given the greatest legal protections regardless of whether or not they spend any money at the establishment.
Comparatively, “licensees” enter the property with the business’ okay but they are not there for its possible profit or gain. For those that enter the property without the approval or permission of the business, they are deemed to be “trespassers” who are there illegally.
Licensees are due some duty of care by the business, such as its reasonable and prudent care in the repair and maintenance of the property. Trespassers are owed little, if any, duty of care by the business under the idea that the trespasser who enters a business establishment illegally has “assumed the risk” of any harm that befalls him (or her).
Why Were You There? Defining the COVID Duty of Care
As we have discussed before, in any Coronavirus injury claim, the injury victim and his loved ones will have the burden of proving that the exposure occurred on the wrongdoer’s property and this caused the resulting illness and harm. Proving this element of the claim will be detailed and difficult, given that there may be a gap in time between symptoms and exposure to the virus. See:
- Coronavirus Insurance Claims for Illness: Coverage for COVID-19 Bodily Injury and Claim Denials
- Coronavirus: New Face Mask Mandates Help Define Businesses’ Legal Duty of Care in COVID-19 Injury Cases
- Coronavirus Lawsuits in Indiana and Illinois: Injury Claims for COVID Related Injuries
However, for those who are visiting gyms, restaurants, or bars in Indiana or Illinois, as well as other social gatherings, it is vital that they understand their claims will also be complicated by the need to establish their right and reasons for being present on that business premises. Were they there as an invitee, shown by authenticated facts supported by state law? Were they on the property as a licensee?
Defense lawyers and insurance adjusters are preparing vigorous fights against accepting any legal liability in a Coronavirus Injury case. COVID-19 victims must be prepared to defend themselves not only in the fact that they were exposed to the Coronavirus at the particular business premises.
They must also be ready to fight against disputes against their legal right to be on the property (bar, gym, restaurant, etc.) as an “invitee,” since any defense argument that succeeds in refuting their “invitee” status will lessen the level of legal duty owed to the victim, and consequently the amount of defendant’s financial liability.
COVID-19 Exposure is a very real danger in both Indiana and Illinois and patrons of various businesses must be aware of their legal rights in the event they contract and fall ill with the Coronavirus. Please be careful out there!
