Can You Sue for Contracting COVID-19 or Another Illness Due to Negligence?

February 05, 2026, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Since the COVID-19 pandemic, many Ontarians have asked whether it is possible to bring a personal injury claim after contracting an illness due to another party’s negligence. While these cases are complex, Ontario law does allow claims where illness results from a failure to meet a reasonable standard of care.

To succeed in a negligence claim, an injured person must establish four elements: duty of care, breach of that duty, causation, and damages. In illness-related cases, causation is often the most challenging issue. Claimants must show that the defendant’s conduct more likely than not caused the illness—not merely that exposure was possible.

Potential scenarios may include unsafe workplace practices, failures in long-term care facilities, inadequate safety protocols in healthcare settings, or knowingly exposing others while symptomatic. Courts will assess what public health guidance and safety measures were in place at the time and whether reasonable precautions were followed.

Evidence plays a critical role. This may include medical records, timelines of exposure, expert opinions, workplace policies, and witness testimony. Claims are evaluated based on the specific facts and evolving standards of care.

Deutschmann de Koning Personal Injury Law approaches these cases with careful legal and medical analysis. The firm’s lawyers understand how Ontario courts assess foreseeability, compliance with regulations, and expert medical evidence in complex negligence claims.

If you believe your illness was caused by someone else’s failure to act responsibly, it is important to seek legal advice early—both to preserve evidence and to assess whether a viable claim exists.

You may also wish to read:

• Proving Psychological and Emotional Injuries in Ontario Personal Injury Claims
• Understanding Limitation Periods in Ontario Personal Injury Claims

For more information on complex injury claims check out the rest of our website or call us today!

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.