El incierto destino de las reclamaciones contra la Administración por daños a la salud derivados del Covid-19 (PRECEDENTES. ESTUDIO JURISPRUDENCIAL)

Abstract

The health crisis triggered by Covid-19 is causing the filing of numerous claims against the Administration for damages derived from the adoption of different measures (or the absence of them) to address it. In order to advance the possible answers that our courts will give to them, the study examines several judgments that deal with claims for damages suffered in cases related to contagious diseases such as Ebola and Flu A. It also analyzes jurisprudence on liability for damages suffered by public employees in the development of their functions, because many of the claims will be filed by personnel woriking in the public health system, who on more than a few occasions have carried out their work in completely unprotected conditions. The work concludes with the study of the precedent of the air traffic controllers' strike because it was considered as an event of force majeure, in order to exonerate the Administration from responsibility, which, without a doubt, will also be used by it in the case of Covid -19.