On March 11, 2020, during the height of the COVID-19 global pandemic, Governor John Bel Edwards declared a public health emergency for the State of Louisiana pursuant to the Louisiana Health Emergency Powers Act, La. R.S. 29:760 et seq. This is not the first time the Governor has declared a public health emergency for the State of Louisiana, as Louisiana is familiar with hurricanes and other natural disasters.

The Louisiana Health Emergency Powers Act provides, in relevant part, that, “[d]uring a state of public health emergency, any health care providers shall not be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of gross negligence […].”[1] Accordingly, the Louisiana Health Emergency Powers Act applies in favor of any healthcare provider, regarding any personal injury or property damage claim, that arises during a public health emergency.

The Louisiana Second Circuit Court of Appeals further elaborated on the specifics of the Louisiana Health Emergency Powers Act, as it pertains to healthcare providers and the COVID-19 global pandemic. In Lathon v. Leslie Lakes Retirement Center, 54,479 (La.App. 2 Cir. 9/21/22), the plaintiff brought a premises liability action against the owner of nursing home, alleging that the plaintiff slipped and fell when she stepped in liquid that was spilled by the owner’s employee. The Second Circuit held that the provision of the Louisiana Health Emergency Powers Act[2], which governs healthcare provider immunity, applied to the owner, and thus the owner was not liable for the plaintiff’s alleged injuries in the absence of evidence of gross negligence.

Lathon’s significance is that this is the first premises liability case that involved a healthcare provider’s facility during a public health emergency, and the healthcare provider’s facility was entitled to the protections of the Louisiana Health Emergency Powers Act. Furthermore, not only does Lathon create a defense for premises liability cases arising out of the COVID-19 pandemic, but it also creates a defense for premises liability cases that arise out of future public health emergencies in the State of Louisiana.

[1] La. R.S. 29:771(B)(2)(c).

[2] La. R.S. 29:771(B)(2)(c).