Sponsors
The bill reduces legal exposure and increases predictability for businesses reopening during the pandemic by standardizing negligence instructions, but does so at the cost of making it harder for infected individuals to obtain compensation and may weaken incentives for stronger public-health protections.
Small-business owners and other businesses: are less likely to be held liable solely for reopening during the COVID-19 pandemic, reducing litigation risk and legal costs.
Juries in COVID-19 exposure cases: receive a standardized 'reasonable person' negligence instruction, which can promote more consistent and predictable tort outcomes.
People who contract COVID-19—particularly patients with chronic conditions and low-income individuals: may find it harder to obtain damages when exposure occurred at businesses, reducing access to compensation.
Customers and employees: could face higher COVID-19 transmission risk because businesses have weaker legal incentives to adopt stricter public-health measures.
Federal courts and judges: are constrained from tailoring jury instructions to the specific facts of COVID-19 transmission, which may limit courts' ability to consider context-specific conduct.
Based on analysis of 2 sections of legislative text.
Requires federal courts to give juries specific negligence instructions in COVID-19 transmission cases and treats opening a business as legally reasonable, not negligent by itself.
Introduced January 3, 2025 by Andrew S. Biggs · Last progress January 3, 2025
Requires federal civil courts in cases alleging COVID-19 transmission negligence to give juries specific instructions: use the reasonable-person standard, apply a stated definition of negligence, treat the mere act of opening or holding a business open as legally reasonable, and bar finding negligence solely because a defendant was open for business. One provision only sets the Act's short title and makes no substantive legal or funding changes.