HB 7 by Rep.
Lawrence McClure
SB 72 by Senator
Jeff Brandes
Topic: Civil Liability for Damages Relating to COVID-19
Summary: SB 72 and HB 7 seek to establish special pleading
requirements for COVID-19 related injury lawsuits set the standard of negligence
and evidence that a plaintiff must prove to succeed with their claim, and set a statute of
limitations for injury claims related to COVI-19. The goal of these bills is to protect
all business owners and operators form frivolous litigation when operating their
business in good faith compliance with government health standards during the
COVID-19 pandemic.
Key Points:
1. Requires any civil complaint related
to COVD-19 infection be plead with particularity, setting forth facts
that if proven would satisfy all elements of the cause of action.
2. Requires a signed affidavit from the
plaintiff’s physician attesting that the COVID-19 damages occurred as a result of
the defendant's acts or omissions.
3. Upon showing that the defendant made
good faith efforts to comply with government-issued health standards
the court may dismiss the case at the pleading stage.
4. The plaintiff must prove the gross
negligence of the defendant by the standard of clear and convincing evidence.
5. Sets the statute of limitations for
COVID-19-related claims at 1 year.
FSPA Position: Support