The COVID Project
The record
- Jurisdiction
- Louisiana
- Level
- State
- Authority
- La. Const. art. III; Proclamation 25 JBE 2020 (recited in Section 3 as the basis of retroactivity)
- Issued
- 2020-06-13 June 13, 2020
- Effective
- 2020-06-13, retroactive to 2020-03-11 (read as 2020-06-13)
- End
- standing (no sunset in the Act) (read as 2021-09-30)
- In force
- Standing since June 13, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Events and venuesWorkplace rulesStanding dutyOperating condition
- Addressees
- every natural or juridical person conducting business operations; State and local governments; event hosts, planners and organizers (B); employers (C), (D); designers, manufacturers, distributors and users of personal protective equipment (R.S. 29:773 as enacted by sec. 2)
- Character
- liability shield condition
- Collection
- Standing duties: Louisiana DUT-LA
Operative words
No natural or juridical person... shall be liable for any civil damages for injury or death resulting from or related to actual or alleged exposure to COVID-19 in the course of... the person's... 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
Penalty
Loss of the statutory immunity: a business that failed to substantially comply with the applicable procedures answered in tort for COVID-19 exposure claims on the ordinary standard
What it required
Made substantial compliance with 'the applicable COVID-19 procedures established by the federal, state, or local agency which governs the business operations' the condition of every Louisiana business's protection from COVID-19 exposure suits, retroactive to March 11, 2020; where two or more sets of procedures applied, the business had to 'substantially comply with any one applicable set of procedures.'
Retrieval noteThe enrolled Act as published by the Louisiana Legislature (4 pages). Section 1's full first sentence of R.S. 9:2800.25(A) ends: '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.' Section 3 verbatim: 'Due to the imminent threat posed by COVID-19 as provided in Proclamation Number 25 JBE 2020 and any subsequent proclamation, declaring the existence of a statewide public health emergency, this Act shall be retroactive to March 11, 2020.' The codified text of R.S. 9:2800.25 was read on FindLaw (current as of Jan. 1, 2023) and matches the Act. The Act's R.S. 29:773 (PPE) and Act 362's R.S. 29:773 (business operations) were enacted with the same section number in the same session; the Louisiana State Law Institute's redesignation is recorded in the notes to Ex. DUT-LA-012. Approval date from the Legislature's bill history page (BillInfo.aspx?s=20RS&b=HB826).