In a guest article for the legal column of the daily Austrian newspaper “Die Presse”, our partner Georg Huber discusses the chances of success of class actions based on infections with the coronavirus.
A private non-profit association is currently examining a class action suit because ski resorts in Tyrol were kept open. According to media reports, more than 4000 people, mainly from Germany, Switzerland and Austria, but also from Scandinavia and Great Britain, have already registered with the association. The numbers are increasing daily. All these people were on holiday in Tyrol and were apparantly infected with Covid-19 here. Three fathers are said to have died. Some visitors are stating that they received information from their hotels that the region was virus-free. It is therefore likely that damage claims will be filed.
But how promising are such class actions? Analysis shows that at present, class actions do not appear to have high chances of success.