GREEN SHEET REDIGEST
HB 826 2020 Regular Session Pressly
LIABILITY: Provides relative to the limitations of liability due to the COVID-19
public health emergency
DIGEST
Proposed law provides that during the public health emergency declared during the outbreak
of COVID-19, the following classes of persons shall not be civilly liable for any act or
omission related thereto except in the event of gross negligence or willful and wanton
misconduct:
(1)Persons owning or controlling real estate who voluntarily and without compensation
allow such real estate or premises to be used for the purpose of sheltering persons.
(2)Persons who perform in contract with and under the direction of the state or its
political subdivisions.
(3)Persons who render assistance or advice at the request of the state or its political
subdivisions.
(4)Persons who gratuitously render emergency care.
(5)Manufacturers, distributors, and users of personal protective equipment.
Proposed law provides that no person or local or state government or political subdivision
thereof shall be liable for civil damages for injury or death resulting from exposure to
COVID-19 in the course of or through the performance of a person's business operations
unless it is proven that the person, government, or political subdivision was not in substantial
compliance with applicable COVID-19 procedures.
Proposed law provides that when two or more sets of COVID-19 procedures apply to a
business operation or to the use, dispensing, or administering of personal protective
equipment, the responsible party need only substantially comply with one applicable set of
procedures.
Proposed law provides that employees not covered by Worker's Compensation shall have no
remedy in tort against their employer for exposure to COVID-19 unless caused by an
intentional act.
Proposed law is retroactive to March 11, 2020.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 29:773)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Add provisions relative to liability for the voluntary performance of public
contracts, gratuitous emergency care, business operations, personal protective
equipment, and the rights of employees.
2. Remove provisions relative to health care providers and persons who perform
an action outside their usual scope of business.
3. Provide for retroactive application.
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Prepared by Margaret M. Corley. The House Floor Amendments to the engrossed bill:
1. Extend protections for business operations to those run by a state or local
government or a political subdivision thereof.
2. Remove the burden of proof standard to establish substantial noncompliance
with procedures applicable to business operations.
3. Require persons to comply with only one set of COVID-19 procedures for
business operations and the use of personal protective equipment when
multiple sets of procedures apply.
4. Clarify the classes of employers and persons potentially liable pursuant to the
Louisiana Worker's Compensation Law.
5. Add technical amendments.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
reengrossed bill
1. Add technical amendments.
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Prepared by Margaret M. Corley.