WASHINGTON, D.C., USA — QUESTION:
Did the Ohio State Bar Association a letter warning face masks makers about being sued.
American Bar Association
Ohio State Bar Association
Personal injury attorney Thomas A. Demetrio.
There's a letter circulating online that's on what looks like official Ohio State Bar Association Letterhead.
The letter warns people making face masks can be sued for medical damages if the masks fail to protect people from contracting viruses.
We checked with The American Bar Association, the Ohio State Bar Association and personal injury attorney Thomas A. Demetrio.
The American Bar Association said, “This isn’t anything the ABA sent out.”
The Ohio State Bar Association told our Verify team it “did not draft or distribute the letter.”
The OSBA warned the letter is “fake” and to be “very wary of its content.”
Next we went to Personal injury attorney Thomas Demetrio.
He said lawsuits will probably be filed BUT it will be difficult to prove negligence led to a COVID-19 infection.
Demetrio said that’s because a lawyer would have to prove a direct relationship between an allegedly defective mask and someone getting sick.
So, we can Verify, False, the Ohio State Bar Association did not issue this letter and you should not rely on the legal advice contained in it.
Our experts say defense attorneys would rely on federal Centers for Disease Control and Prevention guidelines on face masks in cases against businesses or individuals selling them.
According to Attorney Patrick Salivi II, he doesn’t expect potential lawsuit problems for individuals and businesses making a good-faith effort to help others by taking up mask making or other similar manufacturing during the pandemic.