Louisiana · partly at fault
Key facts
Last updated
- Current rule (post-cutover)
- 51% bar
- Fault cutover date
- January 1, 2026
- Authority
- La. Civ. Code art. 2323, as amended by Act 15 of 2025 (HB 431)
- Pre-cutover rule
- Pure comparative (no cap)
- Statute of limitations
- 2 yrs (accidents on/after July 1, 2024); 1 yr earlier
- Most favorable window
- July 1, 2024 — Dec 31, 2025
Three accident-date windows
Louisiana’s rule landscape now has three distinct windows defined by accident date. Which rules apply to a partly-at-fault claimant depends on when the accident occurred, not when suit is filed.
Window 1
Before July 1, 2024
Statute of limitations
1-year SOL
Comparative-fault rule
Pure comparative
$100K case, 60% at fault → $40,000 recovery. But you must file within 1 year of the accident.
Window 2 (most favorable)
July 1, 2024 — December 31, 2025
Statute of limitations
2-year SOL
Comparative-fault rule
Pure comparative
$100K case, 60% at fault → $40,000 recovery. You have 2 years to file. The most claimant-friendly combination in Louisiana history.
Window 3 (current)
January 1, 2026 onward
Statute of limitations
2-year SOL
Comparative-fault rule
51% bar
$100K case, 60% at fault → $0 recovery (barred). At 50% or below: $50K recovery (reduced).
How the cutover changes a typical disputed-fault case
Consider a Louisiana claimant with $100,000 in damages who is found 60% at fault.
Pre-cutover (pure comparative)
$40,000
Recovery reduced by your 60% share. Pure comparative allows recovery at any fault percentage.
Post-cutover (51% bar)
$0
Barred entirely because fault exceeds 50%. The new 51% bar eliminates the entire case.
The change is at its most dramatic in the 51%-60% fault range, where pure comparative still produced meaningful recovery and the 51% bar produces nothing. Below 50% fault, the dollar outcome is the same under both rules.
Why both Louisiana changes happened so close together
The 2024 SOL extension was driven by claimant advocates who argued Louisiana’s one-year deadline was harshly out of step with the rest of the country. The 2026 fault change was driven by tort-reform advocates who argued pure comparative was equally out of step in the other direction. Together they bring Louisiana closer to the national norm on both rules.
The 18-month window (July 1, 2024 — December 31, 2025) is the most claimant-friendly combination Louisiana has ever offered: 2-year deadline to file plus full recovery at any percentage of fault. Cases that accrued in this window remain on the favorable combination even when filed in 2027 or later.
Related Louisiana resources
Other Louisiana-specific pages that complement this guide.
Informational only and not legal advice. Choice-of-law and choice-of-rule analyses can be intricate for cases that straddle either cutover. Confirm the controlling rules with a licensed Louisiana attorney.