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.