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New law grants retroactive COVID-19 liability protection to Louisiana businesses

July 2020 employment law letter
Authors: 
Chris Mann, Jones Walker LLP

As businesses attempt to navigate the post-COVID-19 landscape, one issue of concern is the possibility of claims for alleged exposure to the contagion being filed by both customers and employees. The concerns have been complicated by the often conflicting guidance or requirements placed on businesses by local, state, and federal governments or agencies. While there is ongoing discussion at the federal level about legislation to provide some liability protections for businesses in certain circumstances, several states are stepping into the void and enacting legislation of their own. Louisiana has now followed Oklahoma, North Carolina, and several other states in enacting legislation that grants liability protections for businesses from coronavirus-related claims.

What the new law says

On June 13, Louisiana Governor John Bel Edwards signed into law House Bill 826, which grants liability protections to businesses from claims filed by both customers and employees related to COVID-19 exposure. The bill is retroactive to March 11, when Louisiana declared its state of emergency related to the coronavirus. It provides:

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