RUNNERS DITCH THE SPITTING

I teach future paralegals bankruptcy law and legal research and writing. I also have had the pleasure of teaching legal studies classes to undergraduate business majors. I love to teach and what I really enjoy most is discussing “hot” legal topics with my students. I typically try to connect a trending legal issue to a topic we are discussing that day. Right now, I find coronavirus litigation intriguing because the issues are of first impression. For example, my husband, who is also an attorney, was discussing with me the lawsuits that are being filed against insurance companies after coverage was denied for loss of earnings on the basis that the shutdown fell within a policy exclusion. However, my reflection on COVID-19 litigation does not concern insurance coverage. My contemplation focuses on spitting and the liability associated with it. Yes, I am talking about conscientiously engaging in the act of spitting during a global pandemic when it is a known fact that COVID-19 is transmitted through respiratory droplets. This is a debate that I would pose to my class after I told them this story. I am a runner. I start my day with an early morning run. This has been my routine since law school. With many working from home, I am encountering a lot more runners during my morning excursion. Over the last few weeks, I have had the displeasure of crossing paths with a runner that spits. The first couple of times, I did not say anything. However, the last time I heard that gut sickening sound associated with someone forcibly ejecting saliva from one’s mouth, I had to say something to him. I understand that spitting is not unusual for those engaging in strenuous aerobic activity. However, in a time where your saliva could be lethal to me or my family, I ask you to have some runner’s etiquette and refrain from this release. It had me thinking. Is this runner being grossly negligent? What if I stepped on his spittle and it was infected with the virus? I come home, take off my sneakers and get sick. The chances are slim but there is still a risk which he created with his reckless disregard for the harmful effects of his activity. I did a little research and back in the late 1800s during the Tuberculosis outbreak, there was a city ordinance that made spitting in public illegal. There were signs put up to remind people of the harmful effects of spitting. At one point, health officials were arresting people who they saw spitting. Yes, the act of expectorating or spitting should be illegal and actionable during a global pandemic. So, please restrain from this urge because it is potentially lethal and who knows, possibly actionable if the infection can be traced back to you.

#covid-19 #coronavirus #liability

Kimberly Berson is an attorney that has been practicing for over 25 years. Her practice is focused on bankruptcy law and related litigation. She served as an assistant adjunct professor of legal studies and an instructor of paralegal courses. You may contact her at 516-847-5122 or kbersonlaw@gmail.com