How does comparative fault work in Louisiana?

1. Negligence Elements. Louisiana is a civil law jurisdiction; tort liability arises under La. Civ. Code art. 2315: "Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it." The duty-risk analysis is the framework: duty, breach, cause-in-fact, scope of protection (legal cause), and damages (Roberts v. Benoit, 605 So.2d 1032).

2. Comparative Fault Regime. La. Civ. Code art. 2323(A): "In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined... If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss." Louisiana is pure comparative.

3. Joint and Several Liability. La. Civ. Code art. 2324(B) (1996 amendment) — liability for damages is "solidary" (joint and several in common-law terms) only in cases of conspiracy or intentional/willful acts. For ordinary negligence, "liability for damages caused by two or more persons shall be a joint and divisible obligation" — each defendant pays only its percentage share.

4. Last Clear Chance / Sudden Emergency. Last clear chance subsumed into comparative fault. Sudden emergency remains a relevant consideration in duty-risk analysis.

5. Settling Tortfeasors. Settlement releases under La. Civ. Code art. 1803-1804; the released party's percentage of fault is determined, and the remaining defendants pay only their shares.

6. Statute of Repose vs SOL — Prescription. Louisiana uses "prescription" rather than SOL. Personal injury prescriptive period was 1 year under La. Civ. Code art. 3492; extended to 2 years effective July 1, 2024 by Act 423 (2024 Reg. Sess.) — art. 3493.1. Med-mal: 1 year discovery / 3-year repose (La. R.S. 9:5628). Product liability: 1 year prescription. Construction peremption is 5 years (La. R.S. 9:2772).

7. Caps. Med-mal total damages cap of $500,000 plus future medical expenses under La. R.S. 40:1231.2 (Medical Malpractice Act). Provider liability capped at $100,000 per claim; Patient Compensation Fund covers excess. Governmental tort liability capped at $500,000 (La. R.S. 13:5106).

8. Wrongful Death Comparative. La. Civ. Code art. 2315.2 wrongful death applies comparative fault.

9. Worker Injuries. La. R.S. 23:1032 WC exclusivity (with intentional act exception). Third-party suits apply pure comparative fault under art. 2323.

This is legal information, not legal advice.