The similarities to the recent, tragic shooting of Walter Wallace, Jr. are striking. Both men had a history of battling serious mental illness, both come from loving families, both are good people who made poor decisions in a time of severe, personal mental crisis.
A month earlier, my client was admitted to an inpatient mental health hospital. Anyone with mental health experience knows that a psychiatric hospital only accepts a person inpatient in dire situations. The patient must be an immediate danger to themselves or others, a high burden. Insurance companies take full advantage of this high burden and deny payment and discharge patients at the earliest moment. When payment is declined by insurance, the patient is returned to our streets. This is about money and not anyone’s safety.
They sent this young man home, despite being mentally unstable and volatile. But being mentally unstable and volatile does not keep one in the hospital. The situation, unsurprisingly, deteriorated quickly. He became manic and suicidal. He began causing a scene on his block, and the police and ambulance were called. He was outside banging on the front window of his house, box cutter in hand, when a single, white, female officer responded. She pulled her weapon, and the gentleman charged her. His mother told the officer he was suicidal and urged her to run. She ran, but he overtook her, tackling her to the ground.
What happened next is why no one knows either of their names.
He pulled the box cutter and held it to her throat. The officer unholstered her weapon and shot him one time in the leg. He released his grip and rolled onto his back. The officer immediately applied a tourniquet to his injured leg, saving his life for a second time in ten minutes.
My client and his family are eternally grateful for the quick and compassionate choices this officer made. She is safe; the community is safe, and we are trying to get him the treatment he needs. Charges were filed against him. His case is going through the criminal justice system. Most importantly, both the police officer and my client are safe, healthy, and arguably better for this experience. The difference here is that this officer recognized this young man as a person whose life had value, and she purposely did not kill him. She acted with intelligence and empathy—attributes we hope every police officer are taught.
My hope is our city and society learn lessons from this lesser known story—a story with a much better ending than Mr. Wallace.
Can I still bring a premises liability personal injury claim during COVID-19?
Answer: Yes.
Premises liability occurs when your injury was caused by an unsafe or defective condition on someone else’s property that the owner knew or should have known presented a risk of injury to you. Generally, a business/property owner owes a duty of care to all visitors on its property.
If you are injured at a property or business due to the owner’s or employees’ negligence, usually you can hold the establishment responsible.
For a premises liability claim, as the plaintiff you would need to show that: (1) the business/property owner had a duty of care to you; (2) the business or someone acting on its behalf breached that duty of care to you; and (3) the breach of duty of care to you caused your injury.
So while a business/property owner need not guarantee a visitor’s safety in every single respect, it has a duty to exercise reasonable care to keep the premises in a reasonably safe condition.
If I contracted COVID-19 at a business, can I hold that business responsible with a personal injury claim?
Answer: Too early to know.
Businesses have a duty to exercise “reasonable care,” which requires they take steps to reduce the spread of COVID-19. The business should assess risks and observe safety protocols to reduce risks of COVID-19 transmission. These measures may include checking employees and visitors for symptoms, using masks and gloves, sanitizing surfaces, handwashing and using sanitizer, posting warnings encouraging people to follow CDC-recommended 6-foot distances between people.
A claim for liability against a business relating to injuries or death sustained from COVID-19 transmission would be fact-specific and can’t be answered here.
Even though it may feel that the onset of the pandemic and the reopening was ages ago, it is too early to know how the law will address these issues.
In some circumstances, there is even immunity from COVID-19 claims. For example, in an executive order signed by Governor Wolf, limited immunity is granted to individuals licensed or certified to provide healthcare services, emergency services, or disaster services in response to COVID-19. And there are several competing bills covering a wider scope of immunity that are still pending.
Also, while congressional negotiations have been stalled, there have been ongoing discussions about granting civil liability immunity from these types of claims.
Conclusion
The ongoing COVID-19 pandemic raises many questions about safety and liability in public and private spaces.
Keep in mind with any premises liability personal injury claim, in Pennsylvania, you typically have two years from the accident to take legal action against the negligent business/property owner. If you wait longer than two years, it is likely that you will not be permitted to bring your claim. Even during the pandemic, it is important to meet the time limitations period.
If you were injured at a business, restaurant, or property owned by another person or company, ThePhillyLawyers can help. These types of claims could be accidents and injuries from slip-and-falls, dog bites, falling objects or debris, security negligence leading to assaults or attacks, and more.
Our staff is working during COVID-19, and you can contact us to begin the claims process today.
Call or text us at (215) 884-9300.
