Business owners who offer "vaccinated only" premises must pay compensation for loss & damage caused to anyone who is infected within their business premises

 By Ganesh Sahathevan 






The Daily Mail reported, quoting Australian PM Scott Morrison:

In audio obtained exclusively by Daily Mail Australia, the PM discussed lockdown(He) agreed with a proposal of cafes and pubs opening only to vaccinated patrons.

(Morrison) said (the) idea can be looked at when more of Australia's population are fully jabbed

This sounds like a great idea, and there are reports of business owners expressing support for it. However, they need to be careful what they wish for. 

Business owners who exclude the unvaccinated are effectively assuring patrons that they will be in surroundings where they will not be infected. 

However, there is no certainty of that, and according to reports out of the US, even the CDC is no longer confident that the vaccinated are no longer, in Morrison's words, " a public health risk".

Consequently business owners who have excluded the unvaccinated can be held liable for loss and damage caused anyone who is infected while on their premises. Put in another way, the COVID free premises product that they want to sell may not deliver what is promised. 

TO BE READ WITH 

Statement from CDC Director Rochelle P. Walensky, MD, MPH on Today’s MMWR

Media Statement

For Immediate Release: Friday, July 30, 2021
Contact: Media Relations
(404) 639-3286

On July 27th, CDC updated its guidance for fully vaccinated people, recommending that everyone wear a mask in indoor public settings in areas of substantial and high transmission, regardless of vaccination status. This decision was made with the data and science available to CDC at the time, including a valuable public health partnership resulting in rapid receipt and review of unpublished data.

Today, some of those data were published in CDC’s Morbidity and Mortality Weekly Report (MMWR), demonstrating that Delta infection resulted in similarly high SARS-CoV-2 viral loads in vaccinated and unvaccinated people. High viral loads suggest an increased risk of transmission and raised concern that, unlike with other variants, vaccinated people infected with Delta can transmit the virus. This finding is concerning and was a pivotal discovery leading to CDC’s updated mask recommendation. The masking recommendation was updated to ensure the vaccinated public would not unknowingly transmit virus to others, including their unvaccinated or immunocompromised loved ones.

This outbreak investigation and the published report were a collaboration between the Commonwealth of Massachusetts Department of Public Health and CDC. I am grateful to the commonwealth for their collaboration and rigorous investigation. I would also like to humbly thank the residents of Barnstable County who leaned in to assist with the investigation through their swift participation in interviews by contact tracers, willingness to provide samples for testing, and adherence to safety protocols following notification of exposure.

This outbreak investigation is one of many CDC has been involved in across the country and data from those investigations will be rapidly shared with the public when available. The agency works every day to use the best available science and data to quickly and transparently inform the American public about threats to health.

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U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICESexternal icon

CDC works 24/7 protecting America’s health, safety and security. Whether disease start at home or abroad, are curable or preventable, chronic or acute, or from human activity or deliberate attack, CDC responds to America’s most pressing health threats. CDC is headquartered in Atlanta and has experts located throughout the United States and the world.



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