Section 1 Short title
This Act may be cited as the “Protecting Businesses From Frivolous COVID Lawsuits Act of 2023”.
Protecting Businesses From Frivolous COVID Lawsuits Act of 2023
A BILL
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.
Sec. 2 Jury instruction in Federal civil actions that include a claim alleging negligence arising from the transmission of COVID–19
In a Federal civil action that includes a claim alleging negligence arising from the transmission of COVID–19 and a request for damages, the court shall instruct a jury that—
the liability standard is the reasonable person standard,
a person is negligent if the person either does something that a reasonably careful person would not do in the same situation, or fails to do something that a reasonably careful person would do, in the same situation,
the act of opening a business, by itself, shall be considered to be reasonable as a matter of law, and
the negligence may not be found solely on the basis of holding oneself open for business.