I
118THCONGRESS
1
STSESSION 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
JANUARY9, 2023
Mr. B
IGGSintroduced 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
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•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
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