Private liability for public health

• Main Author: SOH, Jerrold
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2020
• Subjects: Courts; Singapore; COVID-19; pandemic; public health; Asian Studies; Public Health
• Online Access: https://ink.library.smu.edu.sg/sol_research/3226; https://ink.library.smu.edu.sg/context/sol_research/article/5182/viewcontent/Private_liability_for_public_health.pdf
• Institution: Singapore Management University

As at this writing, COVID-19 continues to spread around the world. Most disease transmissions, one hopes, are unintentional. But could one nonetheless be liable for unintentionally, yet carelessly, transmitting the disease? If so, when would liability arise, and how wide may its scope be? If X transmits the disease to Y who in turn transmits it to Z, can Z claim against X? If not, why should liability escape one who carelessly spreads a deadly and highly contagious virus when courts have historically found liability for more innocuous harms?154 This short essay discusses how private liability might complement public regulation in the battle against COVID-19. It first examines the case for establishing private liability for public health. It then explores causes of action that victims may bring against disease transmitters and discusses legal issues arising from such claims. The essay shall draw primarily from Singapore and English tort law,155 and focus most on COVID-19, though certain parts of the analysis may generalize to other Commonwealth jurisdictions as well as other communicable diseases.