Unsurprisingly, this question appears to be one of first impression in Ohio and around US courts. There are not any Ohio criminal statutes or precedent directly on point concerning a legal “duty to warn” for COVID-19 diagnoses. For this reason, it is unlikely that an Ohio court would criminally charge an individual for failing to make such disclosures at this point in time. Nevertheless, Ohio courts could likely find individuals civilly liable under certain circumstances. A crucial issue in determining civil liability would be causation. A plaintiff would need to prove that they contracted the COVID-19 virus and suffered damages as a direct and causal result of the defendant’s failure to disclose a known diagnosis.
*This is not legal advice. Please call our office for any legal questions.