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HR 99119th CongressIn Committee
Protecting Businesses From Frivolous COVID Lawsuits Act of 2025
Introduced: Jan 3, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs
The Protecting Businesses From Frivolous COVID Lawsuits Act of 2025 would require federal courts to give a specific jury instruction in civil cases that claim negligence arising from the transmission of COVID-19. The instruction would define negligence using the traditional “reasonable person” standard, clarify what constitutes negligence, and provide two protections for businesses: (1) simply opening a business is considered reasonable as a matter of law, and (2) a finding of negligence cannot be based solely on the fact that a business stayed open. The bill aims to reduce the risk of liability for businesses during the pandemic by standardizing how juries assess COVID-related negligence claims in federal court.
Key Points
- 1In federal civil actions alleging negligence related to COVID-19 transmission and seeking damages, the court must instruct the jury on the reasonable person standard and the elements of negligence.
- 2The four required elements of the jury instruction are:
- 3The act is titled to protect businesses from frivolous COVID-related lawsuits and applies specifically to federal civil actions, not state cases.
- 4The instruction is mandatory for cases meeting the bill’s criteria.
Impact Areas
Primary group/area affected: Businesses operating during the COVID-19 period that could be sued for negligence related to virus transmission in federal civil cases.Secondary group/area affected: Plaintiffs alleging COVID-19 transmission negligence, their attorneys, and the role of juries in evaluating such claims.Additional impacts: May influence litigation strategy and court procedures in federal cases involving pandemic-era liability; could interact with existing negligence standards and defenses; signals Congressional intent to limit pandemic-era liability exposure for businesses in federal court.
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