{"id":"DUT-LA-013","kind":"duty","level":"state","jurisdiction":"Louisiana","state":"LA","metro":"","industry":"","agency":"","eco":"","issuer":"Louisiana Legislature, 2020 Regular Session (Senate Bill 508), approved by Governor John Bel Edwards","authority":"La. Const. art. III; Proclamation 25 JBE 2020 (recited in Sections 1 and 2)","instrument":"Act 2020, No. 305 (SB 508), enacting La. R.S. 29:773 (restaurants during declared state of emergency; limitation of liability)","title":"Restaurants during a declared state of emergency: no owner, operator, employee, contractor or agent of a restaurant \u0027which 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\u0027 has civil liability for COVID-19 infection transmitted through the preparation and serving of food and beverages, absent gross negligence or wilful and wanton misconduct; covers dine-in, takeout, drive-through and delivery","dateIssued":"2020-06-12","effective":"2020-06-12, retroactive to 2020-03-11","end":"for \u0027the duration of the COVID-19 public health emergency\u0027 as declared by Proclamation 25 JBE 2020 (the emergency lapsed March 16, 2022)","startDate":"2020-06-12","endDate":"2022-03-16","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["COND","DUTY","EMP"],"addressees":["specified businesses: restaurants (\u0027an eating establishment which gives or offers for retail sale prepared food to the public within its premises\u0027) and their owners, operators, employees, contractors and agents"],"clause":"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","enforcement":"Loss of the statutory immunity for a restaurant not in substantial compliance with the proclamations and applicable procedures; employees retain workers\u0027 compensation rights (C)","functions":[],"notes":"Conditioned every restaurant\u0027s immunity on substantial compliance with the Governor\u0027s proclamations themselves and with the applicable federal, State and local COVID-19 procedures, for dine-in, takeout, drive-through and delivery service, throughout the declared emergency.","sourceUrl":"https://legis.la.gov/legis/ViewDocument.aspx?d=1182332","snapshot":"","fileExists":true,"fileBytes":54528,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-LA","url":"/library/DUT-LA-013","exhibitUrl":"/exhibit/DUT-LA-013","citation":"Louisiana Legislature, 2020 Regular Session (Senate Bill 508), approved by Governor John Bel Edwards, Act 2020, No. 305 (SB 508), enacting La. R.S. 29:773 (restaurants during declared state of emergency; limitation of liability) (June 12, 2020) (Ex. DUT-LA-013)","stateName":"Louisiana","related":[]}