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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

By January 17, 2022August 12th, 2022No 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.