Protecting Businesses From Frivolous COVID Lawsuits Act of 2025
- Bill Number
- H.R. 99
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Law
- Status
- Introduced
- Latest Action
- 2025-01-03: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-02-12T20:01:02Z
AI-Generated Summary
Purpose
The legislation aims to protect businesses from lawsuits alleging negligence in the transmission of COVID-19 by requiring specific jury instructions in federal civil cases. It seeks to prevent claims that are seen as frivolous by establishing that simply operating a business during the pandemic does not constitute negligence.
Key Provisions
- Applies to federal civil actions that include a claim of negligence (a legal concept meaning failure to exercise reasonable care) arising from COVID-19 transmission, where the plaintiff seeks damages (monetary compensation for harm).
- Mandates that the court instruct the jury on the following points:
- The standard for liability (responsibility for harm) is the "reasonable person standard," which asks what a typical careful person would do in the same situation.
- Negligence occurs if a person either takes an action that a reasonably careful person would avoid, or fails to take an action that a reasonably careful person would do.
- The act of opening a business, on its own, is considered reasonable as a matter of law (meaning it's automatically viewed as acceptable without needing further proof).
- Negligence cannot be established solely because a business was open and operating.
Significant Changes to Existing Law
- Introduces mandatory jury instructions tailored to COVID-19 negligence claims, which were not previously required in federal courts.
- Codifies (formally states in law) that mere operation of a business during the pandemic is reasonable and cannot alone prove negligence, shifting the burden in such cases to show more than just being open for business.
- Limits the scope to federal civil actions only, without altering state laws or criminal proceedings.
Potential Impacts
- On citizens: Makes it harder for individuals harmed by COVID-19 transmission (e.g., customers or employees) to succeed in negligence lawsuits against businesses in federal court, potentially reducing compensation for injuries.
- On businesses: Provides legal protection against claims based solely on operating during the pandemic, which could encourage economic recovery by lowering litigation risks.
- On government agencies and courts: Federal judges must include these specific instructions in relevant trials, increasing procedural consistency but possibly adding to judicial workload in COVID-related cases.
- On international relations: No direct impact, as the bill focuses on domestic federal litigation.
Main Stakeholders Affected
- Businesses: Primary beneficiaries, especially small and medium-sized enterprises that operated amid COVID-19 restrictions and face potential lawsuits.
- Plaintiffs (individuals suing): Those claiming injury from COVID-19 transmission, such as infected customers or workers, who may find it more challenging to prove negligence.
- Federal judiciary: Judges and juries in civil cases, required to apply these uniform instructions.
- Attorneys and legal system: Litigators handling negligence claims will need to adapt strategies, potentially reducing the volume of such federal lawsuits.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens defenses for businesses in negligence suits by preemptively defining certain actions as reasonable, which could standardize outcomes in COVID-related litigation but might be challenged if seen as overriding common law principles of negligence.
- Constitutional: Could raise questions under the Due Process Clause (part of the 14th Amendment, ensuring fair legal processes) if viewed as unfairly limiting plaintiffs' rights to a neutral jury evaluation, or under Equal Protection if it disproportionately favors businesses over individuals.
- Political: Introduced by Rep. Andy Biggs (R-AZ) in the 119th Congress, it reflects a push to limit post-pandemic liability on businesses, aligning with pro-business policies amid ongoing debates over COVID-19 accountability; its referral to the Judiciary Committee suggests it may face scrutiny on civil rights and tort reform grounds.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-01-03: Referred to the House Committee on the Judiciary.
- 2025-01-03: Introduced in House
- 2025-01-03: Introduced in House
Bill Versions
- Protecting Businesses From Frivolous COVID Lawsuits Act of 2025 — issued 2025-01-03 — PDF (2 pages)