“Civil Liability Arising from Infecting Others with (Covid-19)”

Abstract

Covid-19 virus appeared in China at the end of 2019, threatening the health of humans in all countries around the world. The virus has the potential to kill people in unprecedented ways. In order to mitigate the impact of this virus and try to control it, the majority of countries in the world, including the United Arab Emirates, rushed to take some legal and health steps and measures, the most important of which is the issuance of laws and instructions aimed at preserving public health in the country by imposing some obligation on all natural and moral persons. These include the instructions issued by the Ministry of Health and the UAE Ministry of Interior regarding combating the Covid-19 virus, which prevents contracting the virus between people, which may entail legal accountability for any person who violates these obligations. The fact that a person infected with the Covid-19 virus contracts the infection to a third party is a reason to demand compensation for the damages that befell the aggrieved party. In the absence of a special law that defnes the responsibility of the infected person to contract the infection to others, his liability is subject to the provisions of civil tort provided for in the Civil Transactions Law of 1985. In a civil case, whoever has incurred harm to others is accountable, even if it was unintentional, is liable, because liability is established as soon as the damage resulting from the act is realized. The study concluded that the civil tort liability is envisaged in accordance with the elements specifed in the UAE Civil Transactions Law against anyone who deliberately or negligently acted and caused the contraction of epidemic diseases, especially the Covid-19 virus, according to the laws and regulations in force, including Article (34) from the Communicable Disease Control Law. It is understood from the text that the patient must be obligated not to do any act that would cause harm to others. The study recommended the necessity of amending the provisions of the Communicable Disease Control Law issued in 2014 and its attached tables to include legal texts related to the Covid-19 virus to determine the tort liability for contracting the infection to others.