Companies fear coronavirus liability lawsuits. So far, few exist

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Businesses are urging U.S. lawmakers to shield companies from what they fear could be a flood of lawsuits by workers and consumers blaming employers for exposing them to the new coronavirus.

FILE PHOTO: David Vladeck, chair in civil procedure at the Georgetown University Law Center, testifies remotely during a Senate Judiciary Committee hearing examining liability issues amid the coronavirus disease outbreak on Capitol Hill in Washington, U.S., May 12, 2020. REUTERS/Carlos Barria/Pool

As of Wednesday, only 45 of 1,018 coronavirus-related lawsuits were personal injury or medical malpractice cases against a business, the areas of most concern for trade groups. The analysis was based on a case tracker by the Hunton Andrews Kurth law firm. Senate Majority Leader Mitch McConnell said he wanted to “make sure opportunistic trial lawyers are not lurking on the sidewalk outside every small business in America, waiting to slap them with a lawsuit the instant they turn the lights back on.”

Consumer groups have argued that current law provides adequate protection for businesses that act in good faith. About a third of the cases filed have been brought by prisoners seeking release from a coronavirus-hit facility. Hundreds more have been brought by businesses, mostly over insurance coverage or contracts.

Harold Kim, president of the U.S. Chamber Institute for Legal Reform, said that surveys have shown businesses are worried about lawsuits and the number of cases is rising.

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