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Louisiana

These resources – like the public health crisis itself – are constantly evolving and are only current as to the date of publication. This page was last updated on September 18, 2020.

For more up-to-date information on the relief programs available in Louisiana, we recommend that you visit the state's COVID-19 Resources or Louisiana Economic Development's Resources for Impacted Businesses.

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Description of Program and Relief

Liability Shields

Governor John Bel Edwards has signed into law COVID-19-related liability shields covering various entities in Louisiana.

Provision of Disaster-Related Services and Products. Louisiana Act No. 303 provides litigation immunity for persons rendering “disaster relief, recovery services, or products outside of the typical course and scope of their operations in coordination with” state and federal governments, “except in the event of gross negligence or willful misconduct.”

Restaurants. Louisiana Act No. 305 immunizes restaurants from civil liability for injuries and deaths resulting from COVID-19 infection “transmitted through the preparation and serving of food and beverage products by the restaurant during the COVID-19 public health emergency . . . unless the injury or death was caused by gross negligence or willful and wanton misconduct.” Act No. 305 covers “prepared food and beverage products [served] by dine-in, takeout, drive-through, or delivery.”

COVID-19 Exposure Resulting from Business in the Ordinary Course. Louisiana Act No. 336 shields persons, businesses, and government entities from civil liability for injuries or deaths related to the exposure to COVID-19, unless: (i) the entity “failed to substantially comply with the applicable COVID-19 procedures established by” federal or state laws and regulations; or (ii) the injury or death was caused by the entity’s “gross negligence or wanton or reckless misconduct.”

Event Organizing. Louisiana Act No. 336 also immunizes persons, businesses, and government entities from civil liability for injuries or deaths resulting from exposure to COVID-19 “in the course of or through the performance of hosting, promoting, producing or otherwise organizing, planning or owning a tradeshow, convention, meeting, association produced event, corporate event, sporting event, or exhibition of any kind, unless such damages were caused by . . . gross negligence or willful or wanton misconduct.”

Employees. Employers are shielded by Louisiana Act No. 336 from employee tort suits resulting from the contraction of COVID-19 if such contraction “is determined to be compensable under the Louisiana Workers’ Compensation Law . . . unless the exposure was intentional.” Employers are also immune to tort suits from employees who contract COVID-19 and are not covered by the Louisiana Workers’ Compensation Law, “unless the exposure was caused by [an] intentional act.”

Personal Protective Equipment. Louisiana Act No. 336 shields manufacturers and distributors of personal protective equipment from civil liability for injury or death caused by such personal protective equipment, “unless such damages were caused by . . . gross negligence or willful or wanton misconduct.” Act No. 336 also shields persons who use, employ, dispense, or administer personal protective equipment from civil liability 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.”

All the above liability shields are given retroactive effect to March 11, 2020 to account for the COVID-19 pandemic.

Government or Lead Agency

Louisiana State Government

Dates Available

Effective retroactively to March 11, 2020.

List of Additional Information

For information regarding Louisiana Act No. 303, please click here.

For information regarding Louisiana Act No. 305, please click here.

For information regarding Louisiana Act No. 336, please click here.


© 2021 Paul, Weiss, Rifkind, Wharton & Garrison LLP. This does not constitute legal advice and does not create an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising. Past representations are no guarantee of future outcomes.

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