Sponsor
Andrew S. Biggs
Representative · R-AZ
Representative · R-AZ
The bill increases legal certainty and lowers litigation risk for businesses reopening by standardizing negligence rules, but does so at the cost of making it harder for COVID-19 victims to recover damages and potentially weakening business incentives to maintain stricter public‑health protections.
Small-business owners will be less likely to face liability solely for reopening, reducing litigation risk and legal costs for many businesses.
Juries will receive a standardized, familiar negligence instruction (reasonable-person), which can promote more consistent application of tort law in COVID-19 cases.
People who contract COVID-19 — including chronically ill and low-income individuals — may find it harder to obtain damages when exposure occurred at businesses, leaving some victims without compensation.
Customers and employees may face higher transmission risks because the rule can reduce incentives for some businesses to adopt stricter public‑health measures if reopening cannot be used to show negligence.
Federal judges and juries will be constrained from tailoring negligence instructions to the unique facts of COVID-19 transmission, potentially limiting courts' ability to consider context-specific conduct.
Based on analysis of 2 sections of legislative text.
Requires federal courts to give juries a standard "reasonable person" negligence instruction and bars finding negligence solely because a business was open in COVID transmission cases.
Requires federal civil juries hearing negligence claims about COVID-19 transmission to use the ordinary "reasonable person" negligence standard, defines negligence in plain terms, and says that simply opening or keeping a business open cannot, by itself, be treated as negligent. It directs courts to give these specific jury instructions in cases where damages are sought for COVID transmission.
Official title: To require a particular jury instruction in Federal civil actions that include a claim for damages based on negligence arising from the transmission of COVID-19.
Introduced January 3, 2025 by Andrew S. Biggs · Last progress January 3, 2025