covid19-law.com.au
22. Tort
A. Overview
COVID-19, and the harm it causes, is not itself causally attributable to any individual or entity. However, there will inevitably be cases in which one person says that another is legally responsible for serious injury or death resulting from COVID-19. Primarily, where damages or other relief are claimed in respect of personal injury or death, the cause of action will be one in tort.
B. Legislation
As of the last update, we are not aware of any COVID-19 related legislation in this area.
C. Case law
Rowson v Department of Justice and Community Safety [2020] VSC 236 is discussed at length in the Government Obligations section of this Chapter. Mr Rowson, a prisoner, alleged that the State, his gaoler, owed him a duty of care to take reasonable steps to ensure that he did not suffer serious injury or death from COVID-19 (at [65]).
On an application for an interlocutory injunction, and without making findings of fact, the Court held that Mr Rowson’s evidence “provides a sufficient basis, when taken with the absence of a risk assessment, to establish a prima facie case that the defendants have breached its duty of care to him, which exposes him to risk of significant injury” (at [98]).
A. Overview
COVID-19, and the harm it causes, is not itself causally attributable to any individual or entity. However, there will inevitably be cases in which one person says that another is legally responsible for serious injury or death resulting from COVID-19. Primarily, where damages or other relief are claimed in respect of personal injury or death, the cause of action will be one in tort.
B. Legislation
As of the last update, we are not aware of any COVID-19 related legislation in this area.
C. Case law
Rowson v Department of Justice and Community Safety [2020] VSC 236 is discussed at length in the Government Obligations section of this Chapter. Mr Rowson, a prisoner, alleged that the State, his gaoler, owed him a duty of care to take reasonable steps to ensure that he did not suffer serious injury or death from COVID-19 (at [65]).
On an application for an interlocutory injunction, and without making findings of fact, the Court held that Mr Rowson’s evidence “provides a sufficient basis, when taken with the absence of a risk assessment, to establish a prima facie case that the defendants have breached its duty of care to him, which exposes him to risk of significant injury” (at [98]).
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