English tort law and the pandemic: the dog that has not barked

As of February 2023, no case has been reported in the U.K., either in the law reports or in the media, of a victim of COVID-19 suing in tort a person or organisation alleged to have caused the victim to contract the disease. This article considers the reasons this situation might have arisen. It pro...

Descripción completa

Detalles Bibliográficos
Autor principal: Howarth, David
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Palgrave Macmillan UK 2023
Materias:
Article
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10087247/
https://www.ncbi.nlm.nih.gov/pubmed/37359230
http://dx.doi.org/10.1057/s41288-023-00298-6
_version_ 1785022303506006016
author Howarth, David
author_facet Howarth, David
author_sort Howarth, David
collection PubMed
description As of February 2023, no case has been reported in the U.K., either in the law reports or in the media, of a victim of COVID-19 suing in tort a person or organisation alleged to have caused the victim to contract the disease. This article considers the reasons this situation might have arisen. It provisionally concludes that the main legal reasons might lie in the applicable doctrines of factual causation and goes on to discuss whether uncertainty in those doctrines should be resolved in the courts.
format Online
Article
Text
id pubmed-10087247
institution National Center for Biotechnology Information
language English
publishDate 2023
publisher Palgrave Macmillan UK
record_format MEDLINE/PubMed
spelling pubmed-100872472023-04-12 English tort law and the pandemic: the dog that has not barked Howarth, David Geneva Pap Risk Insur Issues Pract Article As of February 2023, no case has been reported in the U.K., either in the law reports or in the media, of a victim of COVID-19 suing in tort a person or organisation alleged to have caused the victim to contract the disease. This article considers the reasons this situation might have arisen. It provisionally concludes that the main legal reasons might lie in the applicable doctrines of factual causation and goes on to discuss whether uncertainty in those doctrines should be resolved in the courts. Palgrave Macmillan UK 2023-04-08 /pmc/articles/PMC10087247/ /pubmed/37359230 http://dx.doi.org/10.1057/s41288-023-00298-6 Text en © The Geneva Association 2023, Springer Nature or its licensor (e.g. a society or other partner) holds exclusive rights to this article under a publishing agreement with the author(s) or other rightsholder(s); author self-archiving of the accepted manuscript version of this article is solely governed by the terms of such publishing agreement and applicable law. This article is made available via the PMC Open Access Subset for unrestricted research re-use and secondary analysis in any form or by any means with acknowledgement of the original source. These permissions are granted for the duration of the World Health Organization (WHO) declaration of COVID-19 as a global pandemic.
spellingShingle Article
Howarth, David
English tort law and the pandemic: the dog that has not barked
title English tort law and the pandemic: the dog that has not barked
title_full English tort law and the pandemic: the dog that has not barked
title_fullStr English tort law and the pandemic: the dog that has not barked
title_full_unstemmed English tort law and the pandemic: the dog that has not barked
title_short English tort law and the pandemic: the dog that has not barked
title_sort english tort law and the pandemic: the dog that has not barked
topic Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10087247/
https://www.ncbi.nlm.nih.gov/pubmed/37359230
http://dx.doi.org/10.1057/s41288-023-00298-6
work_keys_str_mv AT howarthdavid englishtortlawandthepandemicthedogthathasnotbarked

Ejemplares similares