Bill of the Week: 3/2/2021

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