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Restaurants Could Face Liability in New Orleans due to COVID-19 Infections if They Fail to Substantially Comply with State Proclamations

Posted by Louis H. Thomas III | Jul 13, 2020 | 0 Comments

Governor Edwards has recently enacted a new mandate of Phase 2 due to
the increased spread of the Coronavirus, which has called for the
closure of all bars unless they will be providing curbside food pickup
and/or takeout service.

It has been no secret that restaurants and bars have been amongst the
hardest hit businesses during these times. As a result of the recent
hard times, Governor Edwards recently enacted law that, retroactive to
March 11, 2020, limits the liability of restaurants that provide
takeout service during this COVID-19 public health emergency.

The law provides that no restaurant, nor its employees, agents, or
contractors, will have any civil liability for any injury or death
caused by COVID-19 infections transmitted through the preparation and
serving of food or beverages as long as they are in substantial
compliance with the applicable COVID-19 procedures previously
established by Proclamation Number 25 JBE 2020 or any subsequent
procedures established by a federal, state or local agency.

However, a restaurant will not be able to escape liability if its
gross negligence or willful and wanton misconduct in its preparation
and/or serving of food and beverages resulted in a COVID-19 infection
which resulted in injury and/or death.

During these times whether as a business or patron, following the
government's mandated procedures is vital to ensure that the interests of you and your loved ones are protected.    

About the Author

Louis H. Thomas III

Louis H. Thomas III is a trial associate at Kiefer & Kiefer. He specializes in civil defense and personal injury litigation. He has not only received favorable bench trial verdicts, but he also has extensive motion practice experience. He is consistently able to deliver excellent results for his ...

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