Introduced Version, House Bill 1126 Per the LSA digest:
Provides that employees, volunteers, and volunteer directors of: (1) certain community mental retardation and other developmental disabilities centers; (2) certain rehabilitation centers; and (3) nonprofit organizations; are immune from civil liability arising from the performance of the duties of the employee, volunteer, or volunteer director if the employee, volunteer, or volunteer director exercises reasonable care in the performance of those duties.
My problem with this bill (and it’s more a problem with existing law than anything added by this bill) is that it conditions the immunity on the individual having exercised reasonable care in the performance of the individual’s duties. This really does nothing to help a person defend themselves against a negligence suit. The key question in a negligence question is whether a person exercised reasonable care while performing a duty. If you did, you’re not negligent. If you’re not negligent, you’re not liable. So, I suppose the bill could theoretically be defending the person against strict liability or vicarious liability or some of the more exotic actions, but I doubt that’s the intent.
Looks like the bill was up for committee hearing today, but I couldn’t find whatever action may have been taken.
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