H.R.99 - Protecting Businesses From Frivolous COVID Lawsuits Act of 2025 (119th Congress)
Summary
H.R.99, the "Protecting Businesses From Frivolous COVID Lawsuits Act of 2025," aims to establish a specific jury instruction in federal civil actions related to negligence claims arising from COVID-19 transmission. The bill seeks to protect businesses by clarifying the standard of care required and stating that simply opening a business is not, in itself, negligent. It was introduced in the House of Representatives by Mr. Biggs of Arizona and referred to the Committee on the Judiciary.
The core provision mandates that juries be instructed that the reasonable person standard applies, and that negligence cannot be found solely on the basis of a business being open. This aims to reduce the potential for lawsuits against businesses that operated during the COVID-19 pandemic.
The bill's short title suggests its intent is to shield businesses from what are perceived as unwarranted lawsuits related to COVID-19 transmission.
Expected Effects
The primary effect of this bill, if enacted, would be to alter the legal landscape for COVID-19-related negligence claims in federal courts. It would likely make it more difficult for plaintiffs to win lawsuits against businesses accused of negligence in transmitting the virus.
This could lead to fewer such lawsuits being filed and potentially reduce the financial burden on businesses related to legal defense and potential damages. However, it could also limit the ability of individuals who contracted COVID-19 due to alleged negligence to seek compensation.
Potential Benefits
- Reduced legal burden on businesses: The bill aims to protect businesses from potentially frivolous lawsuits related to COVID-19 transmission.
- Clarity in negligence standards: By specifying jury instructions, the bill seeks to clarify the standard of care expected of businesses.
- Economic stability: Protecting businesses from excessive litigation could contribute to economic stability and recovery.
- Discourages opportunistic lawsuits: The bill may deter individuals from filing lawsuits based solely on the fact that a business was open during the pandemic.
- Potentially lower insurance costs: Reduced litigation risk could translate to lower insurance premiums for businesses.
Most Benefited Areas:
Potential Disadvantages
- Limited recourse for individuals: The bill could make it more difficult for individuals who contracted COVID-19 due to alleged negligence to seek compensation.
- Potential for reduced safety measures: Businesses might be less incentivized to implement strict safety measures if they are shielded from liability.
- Shifting burden of responsibility: The bill shifts some of the burden of responsibility from businesses to individuals in terms of COVID-19 transmission.
- Perception of unfairness: Some may perceive the bill as unfairly favoring businesses over individuals who have suffered harm.
- Potential for moral hazard: Businesses might take on excessive risk if they are protected from liability.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutional alignment is primarily related to the role of Congress in regulating interstate commerce and establishing rules for federal courts. Article I, Section 8 of the Constitution grants Congress the power to regulate commerce among the states, which could be interpreted to include setting standards for liability in cases that affect interstate business operations.
Furthermore, Article III, Section 1 vests the judicial power of the United States in the Supreme Court and inferior courts established by Congress. Congress has the power to set rules of procedure for these courts.
However, the bill could be challenged on equal protection grounds if it is argued that it unfairly discriminates against individuals seeking redress for injuries. The 5th and 14th Amendments guarantee equal protection under the law.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).