§ 29:773 — Limitation of liability during the COVID-19 public health emergency

§773. Limitation of liability during the COVID-19 public health emergency
A. Notwithstanding any other provision of law to the contrary, no natural or juridical
person, state or local government, or political subdivision thereof, shall be liable for damages
or personal injury resulting from or related to an actual or alleged exposure to COVID-19 in
the course of or through the performance or provision of the person's, government's, or
political subdivision's business operations unless the person, government, or political
subdivision failed to substantially comply with the applicable COVID-19 procedures
established by the federal, state, or local agency which governs the business operations and
the injury or death was caused by the person's, government's, or political subdivision's gross
negligence or wanton or reckless misconduct. If two or more sources of procedures are
applicable to the business operations at the time of the actual or alleged exposure, the person,
government, or political subdivision shall substantially comply with any one applicable set
of procedures.
B. This Section shall not apply if the damages that resulted from or are related to the
actual or alleged exposure to COVID-19 are shown by the evidence to be the result of gross
negligence, willful misconduct, or intentional criminal misconduct.
C. This Section shall not affect the right of any person to receive benefits to which
he would otherwise be entitled under the Louisiana Workers' Compensation Law.
NOTE: See Acts 2020, No. 362, §1, relative to retroactive application to
March 11, 2020.

Legislative History

Acts 2020, No. 362, §1, eff. June 12, 2020.