Provides relative to the limitation of civil liability for nonprofits that donate medical supplies
Summary
HB 16 creates a new Louisiana law limiting civil liability for nonprofit organizations that donate medical equipment or supplies without charge. The protection applies when the donated items are in proper working condition at the time of donation and have not been subject to a product recall before or at the time of donation. Under the bill, a nonprofit is generally shielded from liability for injury, death, loss, civil penalties, or damages arising from the later use of the donated equipment or supplies.
The immunity is not absolute. A nonprofit or its employees and authorized agents may still be liable if the harm was caused by gross negligence or willful or wanton misconduct. In effect, the bill is intended to encourage charitable donation and reuse of medical equipment by reducing legal risk for nonprofits that distribute such items in good faith.
Impact
The bill enacts R.S. 9:2793.13, adding a new statutory limitation on civil liability in Louisiana tort law for nonprofits that gratuitously donate medical equipment or supplies. It affects nonprofit organizations engaged in medical donations, as well as recipients and any persons later injured by donated items, by narrowing the circumstances under which damages may be recovered. The law preserves claims based on gross negligence or intentional/reckless misconduct while otherwise providing a liability shield for qualifying donations.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the House 97-0, the Senate 39-0, and the House again 86-0 on concurrence, indicating unanimous or near-unanimous approval in both chambers. The voting history suggests lawmakers viewed the measure favorably as a practical charitable and public-benefit measure.
Contention
No committee debate or recorded opposition is provided, and the roll-call votes show no dissent. The main policy balance built into the bill is between encouraging nonprofit donation of usable medical equipment and preserving accountability for serious misconduct. Any potential concern would likely center on whether the liability shield could limit remedies for injured recipients, but the bill addresses that by excluding gross negligence and willful or wanton misconduct from protection.