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.
About the Author
Based in Washington, DC, Howard is the Insights Association's lobbyist for the marketing research and data analytics industry, focusing primarily on consumer privacy and data security, the Telephone Consumer Protection Act (TCPA), tort reform, and the funding and integrity of the decennial Census and the American Community Survey (ACS).
Howard has more than two decades of public policy experience. Before the Insights Association, he worked in Congress as senior legislative staffer for then-Representatives Christopher Cox (CA-48) and Cliff Stearns (FL-06). He also served more than four years with a science policy think tank, working to improve the understanding of scientific and social research and methodology among journalists and policymakers.
Howard is also co-director of The Census Project, a 900+ member coalition in support of a fair and accurate Census and ACS.
He has also served previously on the Board of Directors for the National Institute for Lobbying and Ethics and and the Association of Government Relations Professionals.
Howard has an MA International Relations from the University of Essex in England and a BA Honors Political Studies from Trent University in Canada, and has obtained the Certified Association Executive (CAE), Professional Lobbying Certificate (PLC) and the Public Policy Certificate (PPC).
When not running advocacy for the Insights Association, Howard enjoys hockey, NFL football, sci-fi and horror movies, playing with his dog, and spending time with family and friends.