Comparative Fault Reform – H.B. 431 (2025)

Louisiana

Provides that if a person suffers injury, death, or loss partly as the result of his own negligence and partly as a result of the fault of another person, then the following shall apply:

  • If the degree or percentage of negligence attributable to the person suffering injury, death, or loss is equal to or greater than 51%, then the person shall not be entitled to recover damages.
  • If the degree or percentage of negligence attributable to the person suffering injury, death, or loss is less than 51%, then the amount of damages the person can recover is reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.
  • Adds that where the issue of comparative fault is submitted to the jury, the jury shall be instructed on the effect of the new law.

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