Louisiana · Comparative Negligence

Louisiana Comparative Negligence Rule

Louisiana follows a modified 51% bar rule under La. Civ. Code art. 2323 (as amended by 2025 La. Act 15, HB 431). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Louisiana

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Louisiana

Effective January 1, 2026, Louisiana switched from pure comparative fault to modified comparative fault with a 51% bar under Act 15 of 2025. Accidents occurring before 1/1/2026 remain under the prior pure-comparative regime.

Related: Louisiana statute of limitations

Louisiana gives you 2 years to file a personal injury lawsuit under La. Civ. Code art. 3493.1.

See the full Louisiana statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Louisiana attorney before relying on it.

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Louisiana Comparative Negligence FAQ

What comparative negligence rule does Louisiana follow?

Louisiana follows a modified 51% bar rule under La. Civ. Code art. 2323 (as amended by 2025 La. Act 15, HB 431). Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Louisiana?

Yes, up to a point. In Louisiana you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Louisiana?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Louisiana bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Louisiana?

Louisiana gives you 2 years to file a personal injury lawsuit under La. Civ. Code art. 3493.1.

Where can I read the actual rule?

The controlling authority is La. Civ. Code art. 2323 (as amended by 2025 La. Act 15, HB 431). The full text is available at https://www.legis.la.gov/legis/Law.aspx?d=110243.

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