New Louisiana Law S.B. 435 Provides COVID-19 Liability Protection to Insights Businesses as They Reopen

A new law in Louisiana, backed by the Insights Association, provides people and businesses in the state basic protection from liability for exposure to COVID-19 during the “public health emergency” if following “applicable government standards and guidance.”

Louisiana Governor John Bel Edwards signed S.B. 435 into law as Act No. 362 on June 12, 2020.

While the Insights Association has issued reopening guidelines for marketing research and data analytics businesses, litigation protection is a top public policy priority to ensure the industry’s ability to properly get back to work. IA had endorsed S.B. 435 and urged its passage, as we’ve done for similar legislation at the federal level in Congress and in other states.

The new Louisiana law specifies that “no person or entity, including any local or state governmental entity or employee thereof, shall be liable for damages or personal injury resulting from or related to an actual or alleged exposure to COVID-19 in the course of or through such person or entity’s business services or while engaged in the performance of such person or entity’s duties, provided that the person or entity was relying on and generally followed applicable government standards and guidance related to COVID-exposure.”

However, “if damages resulted from or related to the actual or alleged exposure to COVID-19 is shown by clear and convincing evidence to be the result of gross negligence, willful misconduct, or intentional criminal misconduct,” that protection would be negated. The law is not supposed to “affect the right of any person to receive benefits to which he would otherwise be entitled under the workers’ compensation law.”

This information is not intended and should not be construed as or substituted for legal advice. It is provided for informational purposes only. It is advisable to consult with private counsel on the precise scope and interpretation of any laws/regulation/legislation and their impact on your particular business.

NewsGovernment AffairsHoward Fienberg, CAE – The Insights Association