Louisiana Revised Statutes 29:774 – Restaurants during declared state of emergency; limitation of liability
Terms Used In Louisiana Revised Statutes 29:774
- public health emergency: means an occurrence or imminent threat of an illness or health condition that:
(a) Is believed to be caused by any of the following:
(i) Bioterrorism. See Louisiana Revised Statutes 29:762
A. No owner, operator, employee, contractor, or agent of a restaurant which is in substantial compliance with Proclamation Number 25 JBE 2020 and any subsequent related proclamations and applicable COVID-19 procedures established by a federal, state, or local agency, shall have civil liability for injury or death due to COVID-19 infection transmitted through the preparation and serving of food and beverage products by the restaurant during the COVID-19 public health emergency as declared by Proclamation Number 25 JBE 2020, unless the injury or death was caused by gross negligence or willful and wanton misconduct. If two or more sources of procedures are applicable to the restaurant operations at the time of the actual or alleged exposure, the owner, operator, employee, contractor, or agent of a restaurant shall substantially comply with any one applicable set of procedures.
B. The provisions of this Section shall include the serving of the prepared food and beverage products by dine-in, takeout, drive-through, or delivery throughout the duration of the COVID-19 public health emergency.
C. Notwithstanding the provisions of Subsection A of this Section, an employee shall retain the rights and remedies granted under the Louisiana Workers’ Compensation Law.
D. “Restaurant” means an eating establishment which gives or offers for retail sale prepared food to the public within its premises.
Acts 2020, No. 305, §1, eff. June 12, 2020.
NOTE: See Acts 2020, No. 305, §1, relative to retroactive application to March 11, 2020.