If you get sick, then you may wonder if you can sue the person that you think gave the illness to you. You probably feel that you have an easy case proving that person gave you the illness. Actually, the situation may not be so cut-and-dry. The answer to the question about whether you can sue someone for getting you sick is, "it depends." In some specific situations, you may actually have a good case; in others, not so much. Here are some things to know about suing someone for personal injury over an illness.
Can You Prove That Person Made You Sick?
If you get sick, can you definitely prove that specific person gave you the illness? If it's a common illness like a cold or the flu, then that is difficult. These viruses exist everywhere, and there's no way to prove that one person made you sick. However, if it's something very specific that can be tracked down, like food poisoning, then you may be more successful.
Did That Person Deliberately Try to Make You Sick?
Another thing you must prove is if that person deliberately tried to get you sick. An example of this is someone with certain venereal diseases having sex with people for the sole reason of getting them sick. If you can prove that person knew they had the disease, and they gave it to you purposely, then that would constitute the basis of a lawsuit.
Was That Person Negligent?
Negligence means that someone didn't take normal precautions that most people would do in similar circumstances. If the other person knew they were ill, but didn't take reasonable steps to prevent the disease from spreading, then they may be liable. For example, if there is a contagious disease epidemic, and an infected person refuses to stay home, then that would be negligence.
What Efforts Did You Make to Stay Well?
While in court, you may be asked about how you tried to avoid the disease if you knew that person was sick. If you didn't take reasonable steps to protect yourself, such as distancing yourself from unnecessary contact with that person, then you could lose your case.
The bottom line is that you have a lot to prove, and you have to prove that the other person did something wrong. That might be difficult when it comes to ordinary airborne diseases. However, you still have a case if you get sick under very specific circumstances. If you think you have a viable lawsuit against someone for making you sick, then contact a personal injury attorney for help.