More than 164,000 people have been infected in Germany, confirmed with the Coronavirus. Not everyone knows how he got infected. The consequences can be for example quarantine or loss of pay, changes nothing.
Alexander Lang believes that Corona can Infected may assert claims for damages. Between 5000 and 7500 euros, the specialist lawyer for medical law the würzburg law firm Capricorn & partners to be realistic – if also not for everyone. Only if the chain of infection had officially been tracked, and the infection is established, it could be worth the claim.
violation of rules of hygiene are decisive for damages
Although there is as yet no judgments, from which the amount of such liability shall leave derived. Long believes, however, that a comparable liability approaches to the current Situation. How high is the damage incurred by a Corona-infection, depends on the individual case. What is decisive is the proof that hygiene regulations have not been complied with either. Where the contagion took place, such as in hospitality or a hospital, is of secondary importance.
Infected, for example, a guest in the Restaurant is crucial, whether the holder has complied with the so-called traffic safety obligations. This means that measures must be taken, the “if a prudent and reasonable, within reasonable limits, prudent man to be necessary and sufficient, to protect others from damage”. Traffic control subject was also the one that leaves one that occurred in the risk situation in his / her area of responsibility last. Anwalt.de (display), you your legal concern of the experts to examine!
“The organizer or the owner of the business liable for anyone Contracting there, but then, if he has not taken measures that would have taken a prudent and judicious person,” says a Website of the law firm Capricorn &partners.
This might be the case, if not in the official recommendations for dealing with Corona was held. An operator “would be, for example, if he knew that one of his employees was in the crisis area and the recommended waiting period has not observed the period of two weeks at home,” said the lawyer.
coronavirus infection in the hospital: evidence for Hygiene in hospitals
Also at the time of infection in the hospital Long sees opportunities to claim damages, if the person Concerned can prove that he infected there. According to the court, it is principally the task of the hospital, that all required hygiene regulations are complied with.
- All of the current developments, see our News Ticker for the Coronavirus.
“Has delivered the Patient of specific indications for a hygiene violation, hits the Hospital, the secondary burden with regard to the measures he has taken to ensure that the experts as a prerequisite for a treatment error-free procedure referred to hygiene regulations have been complied with”, he stated in a decision of the Federal court of justice of 16. August 2016.
lawyer expects to log complaints
Jan-Hendrik Simon judged the legal situation is somewhat different. The lawyer for medical law from Hannover in the proof of a violation of hygiene rules, the easier part of the test, whether a lawsuit is worthwhile. “But the evidence of causality, so that one has to be really infected with a waiter in a particular Restaurant, is expected to fall before the court is usually very difficult,” believed Simon to the “world”.
Simon is expected in the future to numerous lawsuits in connection with Corona-infections, but that many will fail due to the question of causality. “When a court sentenced someone to pay a plaintiff for a compensation, then doubt must be that the infection was acquired by the defendant.”
Corona-cases of deliberately concealed? In Ischgl, the case could be different.
Also not a legal expert, Ansgar Ritz doubts the success of possible actions. “Against the Background that there is currently any concrete suspected cases are tested for Corona, antibody tests are not yet carried out and to show each contact, the highly infectious Virus with no symptoms in may, is likely to be an Association of the infection is almost impossible.”
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inform Different Austrian courts could in terms of Corona propagation in Ischgl judgments. “Because here in the room is that there may be Corona-cases were deliberately concealed and recommendations are not made, will the court be necessary to clarify, whether such behavior is sufficient for the justification of claims for damages,” says Ritz.
infection with the HIV similar?
Difficult it is in terms of damages also, if one is plugged in by third parties. Long draws on the previous jurisprudence of the Federal court to infection with HIV. A liability for HIV infection prior to the sun, therefore, if
- the Infected by its disease,
- he has Affected anything
- and still have unprotected sexual intercourse has communicated with him exercised.
“Based on the Corona-Virus is the one who knew of his infection, or at least of its significant exposure, and then, without informing the people in his immediate social environment, unprotected contact with any of them has,” explains Long. Everything about the development of the Corona-crisis
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Mr Simon finds the comparison due to the anonymous and easy Transmission of the Coronavirus inappropriate. “How can you be sure in case of a Virus that occurs so frequently as the Coronavirus?”, he asks in “the world”. “In addition, can also carry other people from the environment, the highly infectious Virus without showing symptoms.”
to the survivors of the Corona-patients compensation?
Even in the case of an infection with the hospital, the evidence will germinate is becoming increasingly difficult. The often responsible for the MRSA bacteria (Methicillin-resistant Staphylococcus aureus), which can often cause shear of a disease to death, occur not only in hospitals, but also elsewhere.
Pain and suffering could, however, have not only Corona-patients, but in the case of death due to the consequences of an infection, and also their dependents. While the claim was previously very difficult and only with the proof of medical evidence of mental impairment, for example, by assigned treatment, to enforce, is that for 2017 by § 844, Para. 3 BGB relieved. A prerequisite is, however, that have demonstrably been violated hygiene regulations.
A first judgment of the district court of Tübingen, the insurance wanted to survivors of a man with low buzz for an answer, set in 2019, an amount of 10,000 euros as the Basis for the survivor’s money. Due to this Basis, is to examine how strongly the respective members are affected. In the specific case of the wife of the deceased 12,500 euros were awarded to the children, each of 7500 Euro, and the brother of 5000 Euro.
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