Louisiana 2020 Regular Session

Louisiana House Bill HB826

Introduced
3/31/20  
Introduced
3/31/20  
Refer
5/4/20  
Refer
5/4/20  
Report Pass
5/15/20  
Report Pass
5/15/20  
Engrossed
5/25/20  
Report Pass
5/27/20  
Report Pass
5/27/20  
Enrolled
6/1/20  
Enrolled
6/1/20  
Chaptered
6/13/20  
Chaptered
6/13/20  

Caption

Provides relative to the limitations of liability due to the COVID-19 public health emergency

Impact

The enactment of HB 826 is set to alter the landscape of liability regarding COVID-19 related incidents in Louisiana. By providing these limitations, the bill aims to offer protection for businesses and entities against lawsuits stemming from the pandemic, thereby encouraging the continuation of business operations during a tumultuous public health crisis. This act may foster a safer environment for events and services while limiting legal exposure for those providing personal protective equipment. Overall, the legislation is a response to concerns over potential litigation that could arise amid the ongoing threat of COVID-19, particularly as businesses pivot to maintain operations under new health protocols.

Summary

House Bill 826 aims to establish limitations on liability for individuals and entities in relation to exposure to COVID-19 during the public health emergency. The bill provides that no natural or juridical person, including state and local governments, shall be liable for civil damages related to COVID-19 exposure unless it is proven that they failed to comply substantially with established COVID-19 safety procedures and that injuries were caused by gross negligence or willful misconduct. Additionally, employees who contract COVID-19 while covered by the Louisiana Workers' Compensation Law are provided limited recourse against employers, limiting tort claims unless intentional misconduct can be proven.

Sentiment

Discussion around the bill appears to show substantial support among certain groups, particularly from business owners and legislators who argue it provides necessary protections for entities operating during the pandemic. Supporters assert that the bill promotes a safer business environment by reducing uncertainty about liability claims, thereby encouraging compliance with safety protocols. Critics, however, might express concerns that such limitations could discourage accountability for negligence, potentially weakening the protection and recourse available to individuals adversely affected by the pandemic.

Contention

A notable point of contention with HB 826 centers on the balance between protecting businesses and ensuring adequate protections for employees and the public. Some stakeholders worry that the bill may lead to diminished safety standards as entities could feel shielded from litigation even in cases of negligence. Others argue that the intent behind the bill is to support economic recovery while still ensuring that necessary health and safety protocols are maintained. The effectiveness of these liability limitations will likely be evaluated in the context of their implementation as the situation surrounding COVID-19 evolves.

Companion Bills

No companion bills found.

Previously Filed As

LA SB445

Provides relative to limitation of civil liability for medical personnel and healthcare providers during public health emergency. (gov sig)

LA HB58

Provides relative to limitations of liability due to the COVID-19 public health emergency (Item #40)

LA HB856

Provides relative to limitations of liability in response to the COVID-19 state of emergency

LA SB508

Limits liability for restaurants that provide food-to-go during the COVID-19 public health emergency. (gov sig)

LA HB778

Provides for the limitation of liability during a declaration of a state of public health emergency

LA HB59

Provides relative to limitations of liability for public and private school districts and postsecondary institutions during a declared state of emergency or a public health emergency (Item #40)

LA SB220

Provides relative to liability of healthcare providers during a state of public health emergency. (8/1/22)

LA SB139

Provides relative to public health emergencies. (gov sig)

LA SB346

Provides relative to public health emergencies. (gov sig)

LA SB489

Provides relative to limitation of liability of governmental entities which require its employees to work during a declared state of emergency. (gov sig)

Similar Bills

No similar bills found.