{"id":"DUT-LA-012","kind":"duty","level":"state","jurisdiction":"Louisiana","state":"LA","metro":"","industry":"","agency":"","eco":"","issuer":"Louisiana Legislature, 2020 Regular Session (Senate Bill 435), approved by Governor John Bel Edwards","authority":"La. Const. art. III; Louisiana Homeland Security and Emergency Assistance and Disaster Act; Proclamation 25 JBE 2020 (recited in Section 2 as the basis of retroactivity)","instrument":"Act 2020, No. 362 (SB 435), amending La. R.S. 29:735(A)(1) and enacting La. R.S. 29:773 (limitation of liability during the COVID-19 public health emergency)","title":"Limitation of liability during the COVID-19 public health emergency: no natural or juridical person, State or local government or political subdivision is liable for damages or personal injury related to COVID-19 exposure in the course of its business operations \u0027unless the person... failed to substantially comply with the applicable COVID-19 procedures established by the federal, state, or local agency which governs the business operations\u0027 and the injury was caused by gross negligence or wanton or reckless misconduct","dateIssued":"2020-06-12","effective":"2020-06-12, retroactive to 2020-03-11","end":"standing (no sunset in the Act)","startDate":"2020-06-12","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["COND","DUTY","EMP"],"addressees":["every natural or juridical person conducting business operations; State and local governments and political subdivisions; employers"],"clause":"no natural or juridical person... 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... the person\u0027s... business operations unless the person... failed to substantially comply with the applicable COVID-19 procedures established by the federal, state, or local agency which governs the business operations","enforcement":"Loss of the statutory immunity for a business that failed to substantially comply with the applicable procedures; the section does not apply where damages result from gross negligence, willful misconduct or intentional criminal misconduct (B)","functions":[],"notes":"Conditioned every business\u0027s immunity from COVID-19 exposure claims on substantial compliance with the applicable federal, State or local COVID-19 procedures governing its operations, retroactive to March 11, 2020; preserved workers\u0027 compensation rights (C).","sourceUrl":"https://legis.la.gov/legis/ViewDocument.aspx?d=1182578","snapshot":"","fileExists":true,"fileBytes":56640,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-LA","url":"/library/DUT-LA-012","exhibitUrl":"/exhibit/DUT-LA-012","citation":"Louisiana Legislature, 2020 Regular Session (Senate Bill 435), approved by Governor John Bel Edwards, Act 2020, No. 362 (SB 435), amending La. R.S. 29:735(A)(1) and enacting La. R.S. 29:773 (limitation of liability during the COVID-19 public health emergency) (standing) (Ex. DUT-LA-012)","stateName":"Louisiana","related":["DUT-LA-011"]}