Dear Colleagues:

 

On an American list-serve that I am also a member of, a colleague posed an interesting question of whether there was tort liability for a person who fails to vaccinate if their failure causes physical injury to others through infection with the communicable disease.  Two questions:

 

1) Are there any Commonwealth cases dealing with this issue?

 

2) Would you think that this is just a standard D v S negligence case?

 

Interested in your thoughts as always.

 

Sincerely,

 

--
Jason Neyers
Associate Professor of Law & 
Cassels Brock LLP Faculty Fellow in Contract Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435