Is a COVID-19 lawsuit for pain and suffering a possibility?

Q: “I am thinking of suing my employer and am wondering if this is a good idea. I am a waitress in a nice restaurant. The owner has been unwilling to make anyone wear a mask, and really discourages us from wearing one while working. She had a mild case of COVID-19 back in February (before I could get a vaccine), and I’m pretty sure I caught it from her. I had a much more severe case and missed two weeks of work. My energy level and sense of smell and taste still aren’t back to normal, six months later, and I am having frequent dizzy spells. Is a lawsuit for pain and suffering a possibility?”

One of the most important things to be able to prove in any civil lawsuit is causation. You need to be able to prove that your current injury was caused by the defendant. My main concern in your hypothetical case is causation, and meeting that burden of proof.

You work in a customer facing environment, where the restaurant isn’t requiring customers to wear masks. Even if your boss had COVID and spread it to you, it’s going to be hard to prove it actually came from your boss as opposed to catching it some other way.

The other issue is that you live in the world. There are so many possible vectors for exposure. I do not think this cause of action would survive at the motion for summary judgment phase.

As we move forward, I think that’s going to be a problem with any “I got Covid at (work) (the concert) (the church) (the rodeo)” type cases. You still have to prove causation. I have to be cautious when answering these, because I don’t want to say, “no way, no how,” but it’s certainly an uphill battle.

Q: “My neighbor’s dog killed my three backyard chickens, and I’m wondering if I can make him reimburse me. He was apologetic but did not offer to pay to replace them. Part of the problem is that my chickens are not technically allowed in the neighborhood where I live, and he has been cool about it. So I would feel bad taking any legal action, plus that might compromise my ability to have chickens in the future. What’s the best thing to do in this case?”

You’ve identified the issue. Just because you have a cause of action, doesn’t mean it’s necessarily a good idea to file a case. It sounds like your chicken operation was flying under the radar with no push back from neighbors. I cannot tell you to violate the law, but I imagine that filing a lawsuit would almost certainly eliminate any future chances of doing the same thing.

I believe you could file a small claims suit. There are several steps required before filing, including making a good faith effort to resolve the case outside of court. Please read the full instructions here:

https://www.courts.oregon.gov/forms/Pages/small-claims.aspx

Reading your question, it’s hard to tell if you’re more upset at the loss of your chickens, or the actual cost of replacement. I have to imagine part of the reason you’re asking the question is that you grew close with your backyard companions over time. You also mentioned that your neighbor was apologetic.

I believe the neighborly thing to do would be to have a conversation. Let them know that you plan to replace the chickens, but want to avoid potential future loss because 1) they cost money to replace and 2) you grow attached to the animals overtime. This will be a final opportunity for the neighbor to offer to pay for the cost of replacement, and perhaps beef up fencing on his side to prevent future incidents.

Q:  “Any advice on how to deal with a neighbor harassing you with the police won’t do anything? It’s verbal and property harassment.”

These are the times when I really need more information to give constructive feedback. My guess is that when contacted, the police advise you, “This is a civil matter,” meaning, it hasn’t risen to a criminal level based on their investigation. I’d really need more details about what is being said, what is going on, and how the neighbors are harassing your property. As you’ve figured out, you can continue to call the police when issues arise but finding a long-term solution sounds like your goal. I’m going to recommend you talk to an attorney and here’s why: depending on your answers to some questions, your remedy will change. I don’t believe it would be prudent to discuss potential remedies without more information. You can call local attorneys, or you can contact the Oregon State Bar Referral Service for a reference: 503-684-3763.

For additional answers to similar questions please visit the resources page of my website.

Blaine Clooten, Trial Lawyer, serving Umatilla County with a focus on Family Law, Estate Planning and Personal Injury Cases. Questions answered do not create an attorney-client relationship.