Protecting Businesses From Frivolous COVID Lawsuits Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 93 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 9, 2023 Mr. BIGGS introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require a particular jury instruction in Federal civil ac- tions that include a claim for damages based on neg- ligence arising from the transmission of COVID19. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Businesses 4 From Frivolous COVID Lawsuits Act of 2023’’. 5 VerDate Sep 11 2014 02:50 Jan 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H93.IH H93 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 93 IH SEC. 2. JURY INSTRUCTION IN FEDERAL CIVIL ACTIONS 1 THAT INCLUDE A CLAIM ALLEGING NEG- 2 LIGENCE ARISING FROM THE TRANSMISSION 3 OF COVID–19. 4 In a Federal civil action that includes a claim alleging 5 negligence arising from the transmission of COVID–19 6 and a request for damages, the court shall instruct a jury 7 that— 8 (1) the liability standard is the reasonable per- 9 son standard, 10 (2) a person is negligent if the person either 11 does something that a reasonably careful person 12 would not do in the same situation, or fails to do 13 something that a reasonably careful person would 14 do, in the same situation, 15 (3) the act of opening a business, by itself, shall 16 be considered to be reasonable as a matter of law, 17 and 18 (4) the negligence may not be found solely on 19 the basis of holding oneself open for business. 20 Æ VerDate Sep 11 2014 02:50 Jan 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H93.IH H93 pbinns on DSKJLVW7X2PROD with $$_JOB