If you or a loved one contracts COVID-19 with serious consequences at an establishment or worksite where CDC social distancing guidelines are not being followed, you may potentially be entitled to compensation for damages.
Below is a chart of new weekly COVID-19 cases in the greater Houston area1 from March 23 through July 12 2020.2
The Texas Stay at Home Order was in effect between March 26 and April 30th and was effective in leveling off the infection rate to about 230 a week, but did not eliminate it. Since relaxation of the Order on April 30th, new positive test cases in the Houston area held steady through May at just under 260 a week. In May the COVID-19 restrictions were increasingly relaxed. Restaurants were allowed to operate at 50% then 75% capacity, bars, nail and hair salons, movie theaters, churches, malls, gyms, and child care facilities were all allowed to operate at reduced capacity.
While businesses were ‘supposed’ to be operating at reduced capacity, the reality was quite different. Over the Memorial Day weekend, the City of Houston received 180 complaints of bars and nightclubs ignoring the 25% limits and restaurants exceeding the 50% restrictions, as well as distancing and mask use requirements not being complied with.3 Videos of packed restaurants, bars and clubs ignoring all COVID-19 recommendations have gone viral. The Houston Fire Department was tasked with investigating the complaints, but no citations were issued for violations.4
Right after Memorial Day new infections jumped to 400 a week, and then quadrupled, till now, it is over 1,700 a week. During the same time hospitalizations to also tripled to about 250 per day, with ICU beds now at full capacity. As of July 15, 2020, there are over 10 COVID-19 deaths per day in Harris County.6
Since the surge in infections in June, there have been tentative moves to enforce social distancing. Masks are now required in businesses; restaurants are limited to 50% dining and bars have been shut down. People are encouraged to stay at home, but for anyone who has been out on the roads, that seems to have had little effect. The biggest issue now is in what capacity schools and colleges will operate in the Fall semester.
Social distancing is the number one factor in slowing down the transmission rate of COVID-19. When an infected person coughs, sneezes, or even sings (as in church) they can spread the virus to nearby persons. It is one thing to identify an infected person if they have symptoms, such as fever or flu like symptoms, but there are many people who are infected, but have mild or no symptoms; estimates run anywhere from 10% to 40%. Each one of these ‘healthy’ persons, in close contact with others, can spread the disease. Crowded conditions with unknown carriers in congested environments such as large cities (New York, Chicago) or large numbers of people in close proximity (cruise ships, Mardi Gras, meat packing plants, churches,) have experienced explosive spikes of the disease. The Texas lockdown in April forced people not to be in close proximity and was effective in leveling the transmission rates. With the relaxation of these restrictions, increased gatherings being allowed, and with less face mask use, transmission rates have skyrocketed, and likely will remain at elevated levels.
If you contract COVID-19 and get seriously ill at an establishment or at a worksite where the CDC social guidelines are not being followed, the owner or contactor may be liable for damages. In such an instance, contact the Law Office of Elliott Klein for an evaluation.
1 Austin, Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller counties.
3 https://abc13.com/reopen-texas-occupancy-complaints-bars-restaurants/6211006/
4 https://abc13.com/mayor-of-houston-turner-said-hes-not-enforcing-restaurant-restrictions/6208650/
5 https://www.google.com/search q=Videos+of+crowed+bars+memorial+day+weekend+in+Houston