Louisiana Revised Statutes 29:775 – Limitation of liability for personal protective equipment during the COVID-19 public health emergency
Terms Used In Louisiana Revised Statutes 29:775
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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 natural or juridical person that designs, manufactures, labels, or distributes personal protective equipment in response to the COVID-19 public health emergency shall be liable for civil damages for injury or death caused by such personal protective equipment, unless such damages were caused by the gross negligence or willful or wanton misconduct.
B. During the COVID-19 public health emergency, no natural or juridical person who uses, employs, dispenses, or administers personal protective equipment shall be liable for civil damages for injury or death resulting from or related to such personal protective equipment, unless the person failed to substantially comply with the applicable procedures established by federal, state, or local agencies which govern such personal protective equipment and the injury or death was caused by the person’s gross negligence or wanton or reckless misconduct. If two or more sources of procedures are applicable to the use, employment, dispensing, or administering of personal protective equipment at the time of the actual or alleged exposure, the person shall substantially comply with any one applicable set of procedures.
C. For purposes of this Section, “the COVID-19 public health emergency” means the COVID-19 public health emergency as declared by Proclamation Number 25 JBE 2020 and as extended by any subsequent proclamations.
Acts 2020, No. 336, §2, eff. June 13, 2020.
NOTE: See Acts 2020, No. 336, §2, relative to retroactive application to March 11, 2020.