Will schools be responsible if a student contracts COVID-19?

With the pandemic continuing and the beginning of a new school year, parents are questioning whether or not to send their child to a physical classroom. What will the consequences be if a student becomes infected? Is there a single party to blame?

Toronto insurance lawyer Sivan Tumarkin at Samfiru Tumarkin LLP joins the Danielle Smith Show on CHQR in Calgary to discuss the liabilities of COVID-19 in the classroom and potentially the workplace.

What They Discussed

• Can a parent sue a school if their child contracts COVID-19 from the classroom? This situation is very unprecedented and there might be legislation introduced for immunity so that school system will not be liable.
• Has there been a rise in negligence lawsuits due to COVID-19? There has been a rise in cases in terms of eldercare and nursing homes and negligence.
• Would a potential COVID-19 case be similar to that of an individual with HIV not disclosing their condition to their partner? With an HIV case, there is an intentional element and a criminal aspect that a potential COVID-19 case there does not seem to be an intent to infect others.
• Are there different liability considerations between a public school and a private pandemic pod? Even if you are not profiting from the pod, the owner of the home could be subject to a claim if a child or parent gets sick.
• Are you personally liable if you go to work and have COVID-19? An employer should be informed of possible symptoms before an employee decides to return to work.