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Ex. DUT-LA-011 Standing duty Primary source read

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)

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 '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; parallel shields for event organizers and for users of personal protective equipment who substantially comply with applicable procedures; employees' tort remedies against employers channeled to workers' compensation

Louisiana Legislature, 2020 Regular Session (House Bill 826), approved by Governor John Bel Edwards · Louisiana (State)

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
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 note

The 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).