RS 29:773

254 words·~1 min read·/la/title-29/29-454

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RS 29:773

§773. Limitation of liability during the COVID-19 public health emergency

A. Notwithstanding any other provision of law to the contrary, no natural or juridical person, state or local government, or political subdivision thereof, 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 or through the performance or provision of the person's, government's, or political subdivision's business operations unless the person, government, or political subdivision 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 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.

B. This Section shall not apply if the damages that resulted from or are related to the actual or alleged exposure to COVID-19 are shown by the evidence to be the result of gross negligence, willful misconduct, or intentional criminal misconduct.

C. This Section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under the Louisiana Workers' Compensation Law.

Acts 2020, No. 362, §1, eff. June 12, 2020.

NOTE: See Acts 2020, No. 362, §1, relative to retroactive application to March 11, 2020.