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Ex. DUT-LA-012 Standing duty Primary source read

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)

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 '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' and the injury was caused by gross negligence or wanton or reckless misconduct

Louisiana Legislature, 2020 Regular Session (Senate Bill 435), approved by Governor John Bel Edwards · Louisiana (State)

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The COVID Project

The record

Jurisdiction
Louisiana
Level
State
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)
Issued
2020-06-12 June 12, 2020
Effective
2020-06-12, retroactive to 2020-03-11 (read as 2020-06-12)
End
standing (no sunset in the Act) (read as 2021-09-30)
In force
Standing since June 12, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • every natural or juridical person conducting business operations; State and local governments and political subdivisions; employers
Character
liability shield condition
Collection
Standing duties: Louisiana DUT-LA

Operative words

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'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 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)

What it required

Conditioned every business's 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' compensation rights (C).

Retrieval note

The enrolled Act as published by the Louisiana Legislature (3 pages). Section 2 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, Section 1 of this Act shall be retroactive to March 11, 2020.' FindLaw's codification of R.S. 29:773 (current as of Jan. 1, 2023) carries this Act's text under the heading 'Limitation of liability during the COVID-19 public health emergency,' confirming that this Act's section holds the 29:773 designation; the PPE section of Act 336 and the restaurant section of Act 305 were enacted under the same number and were redesignated by the Louisiana State Law Institute (the redesignated numbers were not verified; the enrolled Acts are the exhibits). Approval date from the Legislature's bill history page (BillInfo.aspx?s=20RS&b=SB435).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.