[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 93 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                 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

                            January 9, 2023

  Mr. Biggs introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Businesses From Frivolous 
COVID Lawsuits Act of 2023''.

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--
            (1) the liability standard is the reasonable person 
        standard,
            (2) 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,
            (3) the act of opening a business, by itself, shall be 
        considered to be reasonable as a matter of law, and
            (4) the negligence may not be found solely on the basis of 
        holding oneself open for business.
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