Baldwin Haspel Burke & Mayer LLC

Construction Law Update: Protection from Claims Related to COVID-19

John Stewart, Jr. - 

PROTECTION FROM CLAIMS RELATED TO COVID-19

The Louisiana legislature passed, and the governor signed, legislation protecting persons, both natural and juridical, from claims related to exposure to COVID-19. Such persons are immune from claims which arise in the course of or through the performance or provision of their business operations unless they fail to substantially comply with applicable COVID-19 procedures established by the federal, state or local agency which governs the business operations and the alleged injury was caused by the person’s gross negligence or wanton or reckless misconduct.

Protection is afforded those hosting, promoting, producing or organizing events unless damages are caused by gross negligence or willful or wanton misconduct. For claims in tort by employees against employers in instances when they are compensable under the Workers’ Compensation Law, employees have no remedy unless the exposure is intentional as provided for by the Workers’ Compensation Law. Employees who are not covered by the Workers’ Compensation Law have no remedy in tort against their employers unless the exposure was caused by an intentional act of the employer.

Persons who design, manufacture, label or distribute personal protective equipment are not liable for damages related to such equipment unless they are caused by their gross negligence or willful or wanton misconduct. Those who use, employ, dispense or administer personal protective equipment are not liable for claims resulting from or related to the equipment unless they fail to substantially comply with the applicable procedures established by federal, state or local agencies which govern such personal protective equipment and the injury was caused by such person’s gross negligence or wanton or reckless misconduct.

The legislation is effective June 13, 2020 and is retroactive to March 11, 2020, the date Governor Edwards declared a public health emergency as a result of the threat of COVID-19. Acts 2020, No. 336.


The Construction Law Update is published by Baldwin Haspel Burke & Mayer, LLC for the benefit of its clients and others having an interest in the construction industry. It includes discussions of Louisiana state and federal court decisions, legislative developments and tax issues concerning construction-related matters. To subscribe to BHBM’s electronic Construction Law Update, please click here. For further information on the decisions and legislative developments, contact John Stewart, Jr. at (504) 585-7846 – jstewart@bhbmlaw.com.


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