{"id":"DUT-LA-011","kind":"duty","level":"state","jurisdiction":"Louisiana","state":"LA","metro":"","industry":"","agency":"","eco":"","issuer":"Louisiana Legislature, 2020 Regular Session (House Bill 826), approved by Governor John Bel Edwards","authority":"La. Const. art. III; Proclamation 25 JBE 2020 (recited in Section 3 as the basis of retroactivity)","instrument":"Act 2020, No. 336 (HB 826), enacting La. R.S. 9:2800.25 (limitation of liability for COVID-19) and La. R.S. 29:773 (limitation of liability for personal protective equipment during the COVID-19 public health emergency)","title":"Limitation of liability for COVID-19: no person, government or political subdivision is liable for civil damages for injury or death 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; parallel shields for event organizers and for users of personal protective equipment who substantially comply with applicable procedures; employees\u0027 tort remedies against employers channeled to workers\u0027 compensation","dateIssued":"2020-06-13","effective":"2020-06-13, retroactive to 2020-03-11","end":"standing (no sunset in the Act)","startDate":"2020-06-13","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["COND","DUTY","EMP","EVT"],"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)"],"clause":"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\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: a business that failed to substantially comply with the applicable procedures answered in tort for COVID-19 exposure claims on the ordinary standard","functions":[],"notes":"Made substantial compliance with \u0027the applicable COVID-19 procedures established by the federal, state, or local agency which governs the business operations\u0027 the condition of every Louisiana business\u0027s protection from COVID-19 exposure suits, retroactive to March 11, 2020; where two or more sets of procedures applied, the business had to \u0027substantially comply with any one applicable set of procedures.\u0027","sourceUrl":"https://legis.la.gov/legis/ViewDocument.aspx?d=1182532","snapshot":"","fileExists":true,"fileBytes":52511,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-LA","url":"/library/DUT-LA-011","exhibitUrl":"/exhibit/DUT-LA-011","citation":"Louisiana Legislature, 2020 Regular Session (House Bill 826), approved by Governor John Bel Edwards, Act 2020, No. 336 (HB 826), enacting La. R.S. 9:2800.25 (limitation of liability for COVID-19) and La. R.S. 29:773 (limitation of liability for personal protective equipment during the COVID-19 public health emergency) (standing) (Ex. DUT-LA-011)","stateName":"Louisiana","related":["DUT-LA-012"]}