Vaccinations generally benefit society. If kids are not vaccinated because their parents won't allow it, the kids may become ill as a result (of course), and the kids may also infect other people. Should parents be held liable for injuries to others caused by exposure to their unvaccinated kids? Liability would not only compensate the injured people but also might encourage parents to ensure that their kids are vaccinated. Law professor Teri Dobbins Baxter addresses these issues in Tort Liability for Parents Who Choose Not to Vaccinate Their Children and Whose Unvaccinated Children Infect Others. Here is the abstract:
This
article explores whether parents can or should be civilly liable for
damages when (1) their unvaccinated child contracts a disease that would
have been prevented by an available and recommended vaccine, and (2)
those children infect others who were either vaccinated (but who failed
to develop immunity despite the vaccination) or were unable to be
vaccinated because of their age or other medical conditions. In
the past, concerns about establishing causation have discouraged
discussions about liability. However, in several recent cases public
health officials have been able to identify the source of outbreaks.
Furthermore, outbreaks of diseases that had been virtually eradicated in
the United States have erupted, with some traced to children of parents
who, against medical advice, chose not to vaccinate their children.
The article focuses on the public policy issues to be considered when
deciding whether to impose a duty on parents and the scope of such a
duty, particularly if parents cannot be legally compelled to vaccinate
their children. The discussion emphasizes the privacy and constitutional
rights implicated by a parent’s decision not to vaccinate her or his
child, as well as the potential impact that exercising those rights may
have on other members of society. The article concludes that
courts should find that parents have a duty to ensure that their
unvaccinated children do not harm others. That duty ordinarily should
not require parents to vaccinate their children, but should require
parents to take reasonable steps to avoid spreading diseases and causing
injury to others. Such a duty does not unduly infringe on privacy
rights and is permissible as part of the state’s right to protect the
health and safety of its citizens.
