OSCC Action Alert: OSCC Opposes SB 193

OSCC OPPOSES SB 193, which would repeal the statutory cap on noneconomic damages.

We are encouraging chambers to ask their representatives to VOTE NO on

SB 193 and SUPPORT THE MINORITY REPORT INSTEAD. You can view the Minority Report here. Please feel free to use the talking points below.

• Allowing unlimited awards for non-economic damages will drive up costs for local businesses and families still recovering from the COVID-19 pandemic.

• As proposed, this legislation would allow for retroactive litigation, which would dramatically increase liability for local businesses, particularly at a time when many businesses are exposed to potential liability from the spread of COVID-19 at their facilities even when following all local, state and federal guidelines for operating during the pandemic.

• When unlimited awards are available, it encourages the filing of weak or frivolous lawsuits in the hopes that they will settle. This drives up defense costs for businesses and insurers, even if they prevail in court.

• Health care is a major cost driver for employers and this will increase costs. A 2021 report from the American Medical Association concludes that “A large and growing body of research shows that caps on noneconomic damages lead to improved access to care for patients, lower medical liability premiums and lower health care costs.”

• Presented as a “housekeeping” measure, SB 193 has become a vehicle to dramatically expand civil litigation. It opens the door for retroactive litigation, will have uncertain impacts on other causes of action, and goes well beyond the recent Supreme Court ruling on damage caps. There is no need to rush this bill through months after a court decision. Legislators should wait until a future session to ensure a fair, well-conceived solution can be adopted.

• This is why chambers should urge their legislators to oppose SB 193 and support the minority report.  

You can also reach out to Taylor Jacobs for more information on this.