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Suing China – Class Action Lawsuit Pt 2

As the coronavirus COVID-19 continues to cause chaos across the world, many questions arise. For example, if I have been personally affected by the virus can I sue China? Or can a class action lawsuit be filed? The reasoning is that it is personal injury and a class action lawsuit can be filed. This article and subsequent ones will look at reports regarding issues relating to suing China for COVID-19.

An article was published on law.com entitled “Class Action Filed Against China Over COVID-19 Outbreak”. It stated how a lawsuit has been filed by a Florida law firm against the People’s Republic of China. The law firm filed a nationwide class action against China. The lawsuit alleges China’s failure to report and contain the virus more quickly sparked the global outbreak. “The case alleges claims of negligence, emotional distress, public nuisance and strict liability for conducting ultrahazardous activity”. “The complaint alleges in part that Chinese authorities “proverbially put their head in the sand” for their own economic self-interest”. As a result, sparking the global COVID-19 Outbreak.

Florida Class Action Lawsuit

The plaintiffs in the case are four Florida residents and a training center for baseball players in Boca Raton. In addition to the Republic of China, the suit names of various Chinese health and emergency departments as defendants. This includes the Hubei province and the City of Wuhan where COVID-19 first emerged in late December. The lawsuit cites various exceptions to the Foreign Sovereign Immunities Act (FSIA). For example, “acts outside the United States dealing with a “commercial activity” and for personal injury and death”.

It must be noted that, none of the plaintiffs have tested positive for COVID-19. However, the law firm anticipates adding more plaintiffs who have more physical injuries. Some of the injuries cited in the complaint include psychological trauma.

As of March 13 2020, there were more than 132,000 cases of coronavirus worldwide. And nearly 5,000 deaths recorded. The virus is present in more than 120 countries. The World Health Organization (WHO) has declared COVID-19 a global pandemic. The United States has more than 1,600 cases including 41 deaths.

 

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