In a widely watched case, the California Supreme Court recently held that employers cannot be held liable for COVID-19 infections transmitted from their employees to their households. The question of “take-home” liability was central to Corby Kuciemba, et al. v. Victory Woodworks, Inc., a precedent-setting case that Partners Abbie Eliasberg Fuchs, Dan Strecker and Senior Counsel Alex Anolik have been following for almost a year.
Law360 Reporter Y. Peter Kang interviewed Dan and Alex for their reactions to the California high court ruling. The judges found that holding employers accountable for “take-home” infections would place too great a burden on business.
Alex told Law360 that the ruling “will apply to any pending similar lawsuits in California and can have nationwide influence on potential future claims involving COVID and other infectious diseases.” Dan noted that while the careful ruling from an influential court may persuade courts in other states, “other states can still permit ‘take-home’ COVID liability, and even this (California) court said that future developments could alter its view.”
Abbie, Dan and Alex also authored a legal alert that discussed the California Supreme Court ruling in greater detail following the ruling.