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Can you sue over an airbag recall if you were injured? Nearly 67 million airbags built by Japanese auto parts maker Takata were recalled in 2019 and 2020. This is a critically important recall, which the National Highway Traffic Safety Administration (NHTSA) has called “the largest and most complex safety recall in U.S. history.” Nineteen different automakers have used these defective airbags in multiple car models. 

The problem is in the metal cartridge within the airbag, which is loaded with propellant wafers that cause the airbag to quickly inflate upon impact. High humidity, high temperatures, and age can cause the system to become unstable and the cartridge to ignite and explode upon impact, sending metal shards throughout the car. So far, this defect has caused 17 deaths and over 200 injuries in the United States alone. 

The problem, according to the NHTSA, is the use of an ammonium-nitrate-based propellant without a chemical drying agent. What makes this situation particularly troubling is that there is some evidence that Takata was aware of the potential danger before going to market with these airbags. 

In the greater Fort Lauderdale area, businesses have been hit hard by the shutdowns and slowdowns caused by the pandemic and we look to what is happening across the country for guidance. Hundreds of business interruption insurance claims have been filed across the country on behalf of businesses, both large and small, seeking coverage from their business insurance policies for losses due to COVID-19. Many lawsuits have been dismissed by the courts, but some have successfully moved forward. By analyzing the successful cases, law firms and attorneys are beginning to see winning strategies to ensure their clients get the compensation they deserve under their insurance policies for losses due to the COVID-19 pandemic. 

Insurer Arguments

Insurers argue that the purpose of business insurance is to cover tangible items and to compensate for physical loss or damage. This has been a powerful argument before the courts, with many judges rejecting claimants because they have not demonstrated distinct, demonstrable physical alteration of their facilities. 

Losing a loved one is never easy, but losing a loved one to an accident or event that could have been avoided adds the pain of injustice to the pain of loss. If you have lost a loved one through an event that you believe was caused by negligence, please contact an expert in wrongful death cases to help you. Wrongful death lawsuits require an expert because they are not as straightforward as they may seem.

What is Wrongful Death?

The right to sue in the case of wrongful death is established in Florida’s Wrongful Death Act that specifically states:

If your business has experienced an interruption due to the Coronavirus/Covid-19 crisis, contact The Quackenbush Law Firm. You may be entitled to compensation through your business interruption insurance coverage. If you did not have business interruption insurance coverage at the onset of the crisis, you may have had another insurance policy that could afford you coverage.

Many companies purchase business interruption insurance coverage to protect them in the case of a crisis which prevents their business from operating. When an emergency such as the Covid-19/Coronavirus crisis occurs, insurance companies who sold such policies should provide compensation to their customers. However, unfortunately they do not always do so. This can obviously be a crushing blow to businesses struggling to stay afloat.

The Coronavirus/Covid-19 crisis has caused staggering levels of business interruption. Insurance companies are receiving a record number of claims. As a result, many insurance companies are shirking their responsibilities and denying legitimate claims. Businesses who have been loyally paying premiums for years are now being denied compensation for various reasons. It is quite a shock for a business which expected to receive help in the time of a crisis to suddenly realize that such help is not coming. If this occurred to your business, contact The Quackenbush Law Firm.

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