Stupidity, Yes, But Whose?

Thew asks an interesting question: is there liability there? I will put aside the issue for now as to WHO is liable, because Speaker claims he was told traveling was fine.

First off, to be liable, someone has had to suffer damages. It is not enough to be anxious you might have caught TB, but you must have caught it. (That said, if one could prove demonstrable suffering based on the incident, it MIGHT be compensable.)

But even if someone catches TB and dies, I am unclear if the law will award damages. One could claim civil assault (an intentional act which causes a reasonable and imminent apprehension of a harmful or offensive contact which is unconsented), but the "intention" has to be there. (Battery of assault & battery fame is the physical contact part.) In addition, I don't know how much time can pass before "reasonable and imminent" is no longer applicable. (Someone shoots an arrow at you, but misses...you do not notice, but find out later. Assault?) Here you would have to argue that "imminent" extends through the phase of being tested and cleared of TB...a logical position.

Now "intention" can also be a disregard for safety so reckless that any reasonable man (that term, again) would have understood the action to pose a threat. But on the facts as I know them...I am not sure that is the case. The tests did not come back showing the drug resistant strain until he was in Europe. So anyone on the flights until that point he can't be accused of reckless endangerment.

But I would also point out that this is a very slippery slope. Suing someone you catch a cold from? That forces you out of your hourly job for three days? I am just not sure we want to go there.