Protecting Businesses From Frivolous COVID Lawsuits Act of 2023 This bill requires a specific jury instruction in a federal civil action for damages based on negligence arising from the transmission of COVID-19. Specifically, a court must instruct the jury that negligence may not be found solely on the basis of holding oneself open for business.
If passed, HB 93 would profoundly impact how negligence claims are evaluated in federal courts concerning COVID-19 cases. By establishing a specific jury instruction, the bill seeks to reduce the success of such lawsuits against businesses by delineating criteria under which negligence can be proven. This change could deter future frivolous lawsuits, promoting a more favorable operating environment for businesses that reopened during the pandemic crisis.
House Bill 93, known as the 'Protecting Businesses From Frivolous COVID Lawsuits Act of 2023,' is a legislative measure aimed at addressing the legal landscape for businesses that faced lawsuits related to COVID-19. The bill stipulates that in any federal civil action alleging negligence arising from the transmission of COVID-19, the jury must be instructed on the standard of liability to ensure a fair assessment of such claims. Specifically, the bill emphasizes that opening a business should be considered reasonable as a matter of law, reinforcing protections for businesses operating during the pandemic.
The proposition of this bill is likely to stimulate debates regarding the balance between public health responsibilities and business protections. Proponents argue that it is necessary to shield businesses from undue liability that arose when they followed public health guidelines while navigating the complexities of operating during a pandemic. However, opponents may be concerned that it could weaken protections for consumers who may have been harmed due to negligent practices by businesses amid the COVID-19 crisis. The nuanced discussion will center around both the business community's need for security and the public's right to feel safe and protected.