§ 29:771 — Miscellaneous

Louisiana § 29:771

• Jurisdiction: Louisiana
• Title 29: Minerals, Oil and Gas and Environmental Quality

Text

§771. Miscellaneous
A. Financing of the public health emergency shall be accomplished pursuant to R.S.
29:731.
B. Liability.
(1) State immunity. State immunity shall be determined in accordance with R.S.
29:735, which shall be applicable to this Chapter.
(2) Private liability.
(a) During a state of public health emergency, any person owning or controlling real
estate or other premises who voluntarily and without compensation grants a license or
privilege, or otherwise permits the designation or use of the whole or any part or parts of
such real estate or premises for the purpose of sheltering persons, together with that person's
successors in interest, if any, shall not be civilly liable for negligently causing the death of,
or injury to, any person on or about such real estate or premises under such license, privilege,
or other permission, or for negligently causing loss of, or damage to, the property of such
person.
(b) During a state of public health emergency, any private person, firm or corporation
and employees and agents of such person, firm or corporation in the performance of a
contract with, and under the direction of the state or its political subdivisions under the
provisions of this Chapter shall not be civilly liable for causing the death of, or injury to, any
person or damage to any property except in the event of gross negligence or willful
misconduct.
(c)(i) During a state of public health emergency, no health care provider shall be
civilly liable for causing the death of, or injury to, any person or damage to any property
except in the event of gross negligence or willful misconduct.
(ii) During a state of public health emergency, which is declared to combat COVID-19 or any other contagious disease or infectious disease, no inpatient health care facility shall
be liable to a member of the clergy for any civil damages for injury or death resulting from
or related to actual or alleged exposure during the course of, or through the performance of,
allowing access to a member of the clergy in compliance with R.S. 40:2005.1 unless the
inpatient health care facility failed to substantially comply with the applicable procedures
established by the Louisiana Department of Health that govern the inpatient health care
facility operations and the injury or death was caused by the inpatient health care facility's
gross negligence or wanton or reckless misconduct.
(d) During a state of public health emergency, any private person, firm or corporation
and employees and agents of such person, firm or corporation, who renders assistance or
advice at the request of the state or its political subdivisions under the provisions of this
Chapter shall not be civilly liable for causing the death of, or injury to, any person or damage
to any property except in the event of gross negligence or willful misconduct.
(e) The immunities provided in this Subsection shall not apply to any private person,
firm, or corporation or employees and agents of such person, firm, or corporation whose act
or omission caused in whole or in part the public health emergency and who would otherwise
be liable therefor.
C. Compensation
(1) Taking. Compensation for property shall be made only if private property is
lawfully taken or appropriated by a public health authority for its temporary or permanent use
during a state of public health emergency declared by the governor pursuant to this Chapter.
(2) Actions. Any action against the state with regard to the payment of compensation
shall be brought in the courts of this state in accordance with existing court laws and rules,
or any such rules that may be developed by the courts for use during a state of public health
emergency.
(3) Amount. The amount of compensation shall be calculated in the same manner
as compensation due for taking of property pursuant to non-emergency expropriation
procedures, as provided in R.S. 48:441 through 460, except that the amount of compensation
calculated for items obtained under R.S. 29:769, shall be limited to the costs incurred to
produce the item.

Legislative History

Acts 2003, No. 1206, §1; Acts 2020, 2 nd Ex. Sess., No. 30, §1, eff. Oct. 28, 2020.