Bloomberg Law
Jan. 4, 2021, 10:31 AM UTC

‘No Evidence’ of Virus Litigation Wave as Businesses Seek Shield

Erin Mulvaney
Erin Mulvaney
Reporter
Fatima Hussein
Fatima Hussein
Legal Reporter

The volume of lawsuits filed since the onset of the Covid-19 pandemic that allege workplace safety violations—including sickness and death from lack of protective equipment, social distancing, and limiting exposure—has been far less than the onslaught predicted by pro-business groups and some politicians.

Thanks to workers’ compensation laws, arbitration clauses, and existing steep bars to bringing negligence and recklessness claims, this type of litigation is unlikely to flood in, academics and advocates say.

“We haven’t really seen a lot these lawsuits. If they were to happen, to win, they’d have to prove that the behavior is egregious,” said Greg Keating ...

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