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This bill would change how federal judges instruct juries in certain lawsuits about COVID-19. In cases where someone claims a business or other person was negligent in spreading COVID-19 and is asking for money damages, the judge would have to tell the jury to use the обычный “reasonable person” standard. The bill also says that simply opening a business is considered reasonable under the law, and a business cannot be found negligent just because it stayed open.
- Applies only to federal civil cases involving negligence claims tied to the transmission of COVID-19 and a request for damages.
- Requires juries to decide negligence using the standard of what a reasonably careful person would do in the same situation.
- Says that opening a business by itself counts as reasonable behavior under the law.
- Prevents a finding of negligence based only on the fact that a business remained open.
Official Summaries
Protecting Businesses From Frivolous COVID Lawsuits Act of 2025
This bill requires a specific jury instruction in a federal civil action for damages based on negligence arising from the transmission of COVID-19.
Specifically, a court must instruct the jury that negligence may not be found solely on the basis of holding oneself open for business.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 99 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 99
To require a particular jury instruction in Federal civil actions that
include a claim for damages based on negligence arising from the
transmission of COVID19.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. Biggs of Arizona introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require a particular jury instruction in Federal civil actions that
include a claim for damages based on negligence arising from the
transmission of COVID19.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Businesses From Frivolous
COVID Lawsuits Act of 2025''.
SEC. 2. JURY INSTRUCTION IN FEDERAL CIVIL ACTIONS THAT INCLUDE A CLAIM
ALLEGING NEGLIGENCE ARISING FROM THE TRANSMISSION OF
COVID-19.
In a Federal civil action that includes a claim alleging negligence
arising from the transmission of COVID-19 and a request for damages,
the court shall instruct a jury that--
(1) the liability standard is the reasonable person
standard,
(2) a person is negligent if the person either does
something that a reasonably careful person would not do in the
same situation, or fails to do something that a reasonably
careful person would do, in the same situation,
(3) the act of opening a business, by itself, shall be
considered to be reasonable as a matter of law, and
(4) the negligence may not be found solely on the basis of
holding oneself open for business.
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