An employer has a duty of care do they not, with regards to their employee's health and safety, yes ?
If they had no Covid-Safe measures in place and this was proven to have caused your infection and resulting injury/death, they'd be liable wouldn't they ?
Surely then, it stands to reason that if an infected person gives another Covid, they are liable for it ?
There have been successful cases against HIV+ individuals who have weaponised their infection to harm others, and even when not deliberate, ignorance is no defence in the eyes of the law.
So whilst being vaccinated is a measure of choice, and not a guarantee that you cannot pass on the virus to others, it is a tool to stimulate the immune system and modulate your response in dealing with an infection.
Is could be argued that therefore your duty of care to others is to get vaccinated where possible, and if you did not, would you be prepared to held liable for harm caused to others ?
Going further...if we had the technology to be able to say "This person infected that person" and it is irrefutably proven, should we examine such incidents for restitution / culpability / damages ?
Wouldn't you want to know if you were liable for another's misfortune ?
I feel that by having the vaccine, you have some measure of "I have tried everything medically available to me" to mitigate other's misfortune if they were infected from you. (Notwithstanding other things that may have jeopardised them through your actions). |
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By (user no longer on site)
over a year ago
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No one will be charged with passing on the virus.
This was already tried with the member of rail staff down in London. They could not pin down where she was infected let alone who infected her. |
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By (user no longer on site)
over a year ago
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"No one will be charged with passing on the virus.
This was already tried with the member of rail staff down in London. They could not pin down where she was infected let alone who infected her."
This. The whole premise of the original post and it's comparisons with HIV are flawed and bordering on nonsensical.
With the HIV prosecutions, the person knew they were HIV positive and didn't tell their sexual partner.
It's nothing like choosing not to have a vaccine.
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If the virus was rarer and similar to HIV, there might be a case.
Certainly wearing masks, keeping distance from others and simple general practical efforts are reasonable actions for most people to do.
I don't see a potential case, unless an intruder broke into a solitary isolation area of someone at grave risk to it, or equivalent. |
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