TALLAHASSEE, Fla. – Legislation designed to protect businesses from what lawmakers describe as “frivolous” lawsuits related to the pandemic passed its first Senate committee Monday.
The bill is facing stiff opposition from trial lawyers, who argue it would make it almost impossible for an average person to seek damages from businesses that aren’t taking proper precautions in light of the public health crisis.
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State lawmakers have made COVID-liability protections a top priority for the 2021 legislative session.
“Businesses need certainty,” said State Sen. Jeff Brandes, the bill’s sponsor.
The legislation would require a person to prove that a business acted with “gross negligence” in order for a civil suit linked to the pandemic to move forward.
“The key here is, did the businesses reasonably follow the rules?” Brandes said.
But Jacksonville attorney Eddie Farah worries the gross negligence standard tips the scale too far in the favor of businesses.
“You’re eliminating valid claims,” Farah said. “You’re giving protection to people who do not comply with the law and when they know the standard is gross negligence, they can be more lackadaisical.”
Brandes said the opposition comes as no surprise.
“They see that they could mine this goldmine for four years,” said Brandes.
Democratic state lawmakers proposed an amendment to lower the gross negligence standard in the bill’s first committee hearing, but it failed.
Brandes said the high standard is necessary to prevent people from engaging in what he called “sue to settle” schemes.
“Pay us off to make this issue go away and we won’t take you to court, but for most small businesses one lawsuit like this would bankrupt them,” Brandes said.
Farah argued there are already safeguards in place to discourage frivolous suits.
“The system is not perfect, but you don’t shut down the whole system because there are some minor imperfections within it,” Farah said.
A recent report by Florida TaxWatch found 490 COVID-related suits have been filed so far in the state. The report estimated 356,000 jobs could be at risk with out liability protections and the state could see a $28 billion loss in economic activity.