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Civil Litigation

Apr. 7, 2020

Proof of causation likely defense in virus-related premises liability cases

“Given we’re now in community transmission it would be hard for a plaintiff to argue a specific venue was the source of infection,” said Stephen Newman, a partner at Stroock & Stroock & Lavan LLP in Los Angeles.

Proof of causation likely defense in virus-related premises liability cases
Shoppers walk through the normally-crowded San Francisco Ferry plaza on March 12. (New York Times News Service)

A wave of premises liability lawsuits based on coronavirus infections might be on the way, but the difficulty in proving causation will likely stem the tide, litigators say.

"Given we're now in community transmission, it would be hard for a plaintiff to argue a specific venue was the source of infection," said Stephen Newman, a partner at Stroock & Stroock & Lavan LLP in Los Angeles. Plaintiffs would need to prove the premise...

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