§2793.1. Immunity from liability for public entities; fire department; law enforcement
agency; public emergencies; F.B.I. agents
A. No person shall have a cause of action against a public entity or the officers and
employees thereof for damage to property at the site of a crime, accident, or fire,
including without limitation the destruction or deterioration of property, caused while the
officer or employee was acting within the course and scope of his office or employment
and while taking reasonable remedial action which is necessary to abate a public
emergency, unless such damage was caused by willful or wanton misconduct or gross
negligence.
B.(1) As used in this Section, "public entity" means the state, or a political
subdivision thereof which maintains a department responsible for fire protection, and its
fire department, or a law enforcement agency, office, or department responsible for the
prevention and detection of crime and the enforcement of the criminal laws of this state,
and its law enforcement agency, office, or department.
(2) For purposes of this Section, the term "public emergency" includes any
emergency in which there is a potential threat to life or property requiring immediate or
remedial action, in order to insure the safety and health of persons and property, including
an emergency created by apparent violation of the criminal laws of this state or an
emergency created by fire.
C. Agents of the Federal Bureau of Investigation may raise the defense of qualified
immunity if arresting for felonies in progress under the laws of the state of Louisiana or if
assisting a peace officer of the state of Louisiana.
Acts 1989, No. 725, §1; Acts 1997, No. 126, §1, eff. August 15, 2007.