Protecting Businesses From Frivolous COVID Lawsuits Act of 2025
Summary
HB99, titled the “Protecting Businesses From Frivolous COVID Lawsuits Act of 2025,” would require federal courts to give a specific jury instruction in civil cases seeking damages for negligence claims arising from the transmission of COVID-19. The instruction would tell juries to apply the ordinary reasonable-person negligence standard and would define negligence in the usual way as acting or failing to act as a reasonably careful person would in the same situation.
The bill goes further by directing courts to treat the act of opening a business, by itself, as reasonable as a matter of law and to prohibit a finding of negligence based solely on the fact that a business remained open. In effect, the measure is designed to make it harder for plaintiffs to win COVID-transmission negligence suits against businesses in federal court.
Impact
If enacted, the bill would affect federal civil litigation involving COVID-19 transmission claims by limiting how juries may be instructed and by creating a statutory rule favoring businesses that remained open during the pandemic. It would not broadly rewrite negligence law, but it would create a specific federal rule for this category of cases, potentially reducing liability exposure for businesses and narrowing plaintiffs’ ability to prove negligence based only on operating during COVID-19.
Sentiment
The bill’s framing and title indicate strong support for businesses and skepticism toward COVID-related lawsuits. Because there are no committee transcripts or recorded votes provided, there is no documented debate in the supplied materials, but the measure’s language suggests a pro-business, anti-litigation policy approach. The absence of votes or hearing testimony means the available record does not show broader bipartisan support or opposition.
Contention
The main point of contention is likely whether the bill unfairly shields businesses from accountability in cases where plaintiffs allege negligent COVID transmission. Supporters would view the measure as preventing frivolous lawsuits and protecting commerce, while critics may argue that it preempts fact-specific jury determinations and makes it too difficult for injured parties to recover damages. The specific provision deeming opening a business reasonable as a matter of law is likely the most controversial element, since it removes a key basis for negligence claims.
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.