Law Number

La. R.S. 37:1736

Summary Title

Liability: Architect, Professional Engineer, or Professional Land Surveyor

Summary

When an emergency declaration is in effect, an architect, professional engineer, or professional land surveyor who, in good faith and without compensation, provides their services at the request of a government official will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

Immunity from liability for architects, engineers, and land surveyors

Full Text

A. As used in this Section, the following terms shall have the following meanings: (1) “Architect” means a person registered and licensed pursuant to the provisions of R.S. 37:141 et seq. (2) “Building inspection official” means any federal, state, or local official with overall executive responsibility to coordinate building inspection in the jurisdiction in which the emergency or event has occurred. (3) “Law enforcement official” means any federal, state, or local official with overall executive responsibility to coordinate law enforcement in the jurisdiction in which the emergency or event has occurred. (4) “Professional engineer” means a person licensed under the provisions of Chapter 8 of this Title, as defined in R.S. 37:682. (5) “Professional land surveyor” means a person licensed under the provisions of Chapter 8 of this Title, as defined in R.S. 37:682. (6) “Public official” means any federal, state, or local official with overall executive responsibility in the jurisdiction in which the emergency or event has occurred. (7) “Public safety official” means any federal, state, or local official with overall executive responsibility to coordinate public safety in the jurisdiction in which the emergency or event has occurred. B. An architect, a professional engineer, or professional land surveyor who voluntarily, without compensation, provides architectural, structural, electrical, mechanical or other engineering services, or land surveying services related to a declared federal, state, or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, collapse, flood, or other similar disaster or catastrophic event at the request of or with the approval of a federal, state, or local public official, law enforcement official, public safety official, or building inspection official acting in an official capacity, shall not be liable for any personal injury, wrongful death, property damage, or other loss related to the architect’s, professional engineer’s, or professional land surveyor’s acts, errors, or omissions in the performance of any architectural, engineering, or land surveying services for any structure, building, piping, or other engineered system, either publicly or privately owned. C. The immunity provided in this Section shall apply only to voluntary architectural, engineering, or land surveying services that occur during the emergency. D. Nothing in this Section shall provide immunity for gross negligence for wanton, willful, or intentional misconduct.

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