# Plain Language Summary: Protecting Businesses From Frivolous COVID Lawsuits Act of 2023

This bill would change the rules for COVID-19 lawsuits in federal court by telling judges exactly what instructions they must give to juries. Specifically, it says that if someone sues a business claiming they caught COVID-19 because the business was negligent, the jury must be told that simply opening a business and operating normally is considered reasonable behavior as a matter of law. In other words, the fact that a business stayed open during the pandemic cannot, by itself, be used as evidence that the business did something wrong.

The bill establishes a standard jury instruction that would apply to all COVID-19 negligence cases in federal court. Juries would be told to use the "reasonable person" test—meaning they should ask whether a reasonably careful person would have acted the same way in that situation. However, the bill adds a critical protection: it explicitly states that the act of opening a business cannot be the sole basis for finding negligence. This means someone suing a business for transmitting COVID-19 would need to prove the business did something specifically unreasonable beyond just staying open, such as deliberately ignoring safety protocols or knowingly exposing people to the virus.

The practical effect is that this bill would make it much harder for people to successfully sue businesses over COVID-19 transmission. It essentially shields businesses from lawsuits that rely only on the argument that "you shouldn't have been open during the pandemic." Supporters argue this protects businesses from unfair lawsuits, while critics worry it could prevent people from holding businesses accountable if they were genuinely reckless about COVID safety. The bill only applies to federal courts, not state courts, so its impact would be limited to certain types of cases.

Protecting Businesses From Frivolous COVID Lawsuits Act of 2023

Biggs, Andy

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.