Louisiana § 29:774 Restaurants during declared state of emergency; limitation of liability

Louisiana Statutes

§ 29:774 — Restaurants during declared state of emergency; limitation of liability

Louisiana·Title 29 Minerals, Oil and Gas and Environmental Quality

§774. Restaurants during declared state of emergency; limitation of liability

A.No owner, operator, employee, contractor, or agent of a restaurant which is in substantial compliance with Proclamation Number 25 JBE 2020 and any subsequent related proclamations and applicable COVID-19 procedures established by a federal, state, or local agency, shall have civil liability for injury or death due to COVID-19 infection transmitted through the preparation and serving of food and beverage products by the restaurant during the COVID-19 public health emergency as declared by Proclamation Number 25 JBE 2020, unless the injury or death was caused by gross negligence or willful and wanton misconduct. If two or more sources of procedures are applicable to the restaurant operations at the time of the a

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§774. Restaurants during declared state of emergency; limitation of liability
A. No owner, operator, employee, contractor, or agent of a restaurant which is in
substantial compliance with Proclamation Number 25 JBE 2020 and any subsequent related
proclamations and applicable COVID-19 procedures established by a federal, state, or local
agency, shall have civil liability for injury or death due to COVID-19 infection transmitted
through the preparation and serving of food and beverage products by the restaurant during
the COVID-19 public health emergency as declared by Proclamation Number 25 JBE 2020,
unless the injury or death was caused by gross negligence or willful and wanton misconduct.
If two or more sources of procedures are applicable to the restaurant operations at the time
of the actual or alleged exposure, the owner, operator, employee, contractor, or agent of a
restaurant shall substantially comply with any one applicable set of procedures.
B. The provisions of this Section shall include the serving of the prepared food and
beverage products by dine-in, takeout, drive-through, or delivery throughout the duration of
the COVID-19 public health emergency.
C. Notwithstanding the provisions of Subsection A of this Section, an employee shall
retain the rights and remedies granted under the Louisiana Workers' Compensation Law.
D. "Restaurant" means an eating establishment which gives or offers for retail sale
prepared food to the public within its premises.
NOTE: See Acts 2020, No. 305, §1, relative to retroactive application to
March 11, 2020.

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