Dear Senator:
I am writing to formally express my strong opposition to HB 190 due to its critical implications for the digital economy. While the stated intent of ensuring “reasonable care” in software development may appear benign, the bill’s current language creates an expansive and dangerously vague legal liability that threatens small businesses, independent developers, and American tech leadership.
As currently drafted, HB 190 introduces significant risks for several reasons:
1. Perilous Ambiguity / Overly Broad Scope
The bill requires “reasonable care” for any software providing an “interactive or personalized user experience,” yet it fails to define what constitutes a breach of this duty or what damages might apply. The Louisiana Law Institute has openly acknowledged that these boundaries are intended to be settled through future litigation. “Leaving it to the courts” is a recipe for economic disaster as the process will be hijacked by activist judges and trial lawyers seeking a score at the expense of American innovation.
2. Damages Competition
Larger, well-funded corporations could easily weaponize this vague “reasonable care” standard to stifle competition, using the threat of costly discovery and litigation to drain the capital of smaller innovators. In civil litigation, a defendant often “loses” the moment they have to hire counsel, regardless of the merits of the case.
3. Raises Business Insurance Costs
This legislation stands in direct opposition to the state’s efforts to lower insurance costs and attract business. By expanding liability under general negligence law rather than adhering to established frameworks, HB 190 will inevitably lead to higher professional liability premiums that will make Louisiana a less attractive place to do business.
For these reasons, I urge you to reject HB 190 and protect Louisiana’s innovators from unnecessary and undefined legal jeopardy.
Sincerely,
Jon Decker
Senior Fellow
Parkview Institute
