2021 Louisiana Laws
Revised Statutes
Title 17 - Education
§3392. Immunity from claims or causes of action related to the COVID-19 public health emergency
RS 3392 - Immunity from claims or causes of action related to the COVID-19 public health emergency
A. Notwithstanding any other provision of law to the contrary, public and nonpublic postsecondary education systems, public and nonpublic postsecondary education institutions, and public and nonpublic postsecondary education management boards, and the officers, employees, and agents thereof shall not be held liable for any civil damages for injury or death resulting from or related to actual or alleged exposure to COVID-19 or acts undertaken in the effort to respond or adapt to the COVID-19 public health emergency.
B. There shall be no cause of action related to a person contracting COVID-19 at a public or nonpublic postsecondary education institution, other public or nonpublic postsecondary education facility, or at a public or nonpublic postsecondary education institution sponsored event, which is based on the actions or failure to act by the institution's officers, employees, or agents in response to the COVID-19 public health emergency.
C. This Section shall not affect the right of any person to receive benefits provided under the Louisiana Workers' Compensation Law.
D. The provisions of this Section shall be limited to claims related to the COVID-19 public health emergency.
E. The public and nonpublic postsecondary education systems, public and nonpublic postsecondary education institutions, and public and nonpublic postsecondary education management boards, and the officers, employees, and agents thereof may not avail themselves of the immunity provided for by this Section if the action or failure to act was in violation of a policy, rule, or regulation adopted by the public or nonpublic postsecondary education system, public or nonpublic postsecondary education institution, or public or nonpublic postsecondary education management board or was in violation of any procedure mandated by law or by rule or regulation adopted by a federal or state agency in accordance with the Administrative Procedure Act, and such action or inaction is determined to be grossly negligent or wanton or reckless misconduct.
Acts 2020, 1st Ex. Sess., No. 9, §1.
NOTE: Acts 2020, 1st Ex. Sess., No. 9, §4, provides that the Act has retroactive application to March 11, 2020.
