Louisiana

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (LOUISIANA)

All Tort Actions (Personal Injury, Wrongful Death, etc.) - 1 yr. (from the day injury sustained) [LSA-CC. Art. 3492]

Wrongful Death - 1 yr. [LSA-CC. Art. 3492, 2315.2]

Med Mal - 1 yr. from discovery, but no later than 3 yrs. from act/omission [LSA-R.S. 9:5628]

Real Property Damage - 1 yr. (discovery rule applies) [LSA-CC. Art. 3493]

Personal Property Damage - 1 yr. (from the day injury sustained) [LSA-CC. Art. 3492]

Contracts (Oral and Written) - 10 yrs. [LSA-CC. Art. 3499]

Redhibition Actions (Avoidance of sale on account of some vice/defect) - 4 yrs. from delivery or 1 yr. from discovery against seller who did not know about the defect, whichever comes first.  When the defect is of residential or commercial immovable property - 1 yr. from delivery against a seller who did not know of the defect and 1 yr. from discovery against a seller who knew about the defect. [LSA-CC. Art. 2534].

 

New Home Warranty Act - Every builder warrants to the owner: (1) 1 yr. following the warranty commencement date (“WCD”), the home will be free from any defect due to noncompliance with the building standards or due to other defects in materials or workmanship not regulated by building standards; (2) 2 yrs. following WCD, the plumbing, electrical, heating, cooling, and ventilating systems exclusive of any appliance, fixture, and equipment will be free from any defect due to noncompliance with the building standards or due to other defects in materials or workmanship not regulated by building standards; (3) 5 yrs. following WCD, the home will be free from major structural defects due to noncompliance with the building standards or due to other defects in materials or workmanship not regulated by building standards.  Before undertaking any repair himself or instituting any action for breach of warranty, the owner must give the builder notice within 1 yr. after knowledge of the defect. [LSA-R.S. 3144, 3145].

 

 

Statutes of Repose (LOUISIANA)

Products - None

Construction of Real Property - 5 yrs. (but may sue within 1 yr. if injury/damage occurred during 5th yr.) [LSA-CC. Art. 2772]

 

Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (LOUISIANA)

 

Against State - Claims must be “exhibited” within 2 yrs. [LSA-R.S. 39:339]

 

Comparative Negligence (LOUISIANA)

Pure comparative (Plaintiff can recover even if 99% at fault) [LSA-CC. Art. 2323]

Made Whole Doctrine (MWD) (LOUISIANA)

Passively applied.  MWD is merely a rule of interpretation, a gap filler that comes into play when contracts fail to address the issue clearly; beneficiary may sign away the right to be made whole [National Employee Ben. Trust of Associated General Contractors of America v. Sullivan, 940 F.Supp. 956 (W.D.La. 1996)].  Insured has the burden of establishing that he has not been made whole [Wallace v. Aetna Life and Cas. Ins. Co., 499 So.2d 577 (La. App. 1986)]

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (LOUISIANA)

Not recognized, at least in product liability actions.  The Louisiana Product Liability Act defines “Damage” as all damage caused by a product and includes damage to the product itself and economic loss arising from a deficiency in or loss of use of the product [LSA-R.S. 9:2800.53]

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (LOUISIANA)

No requirements.

Landlord/Tenant Subrogation (LOUISIANA)

In general, subrogation allowed (depends on parties’ intent expressed in the lease).  Note: a lease provision under which Lessor agreed to carry fire insurance on property and released and discharged Lessee “from any and all claims and damages whatsoever from any cause resulting from or arising out of any fire” constituted release from fire damage caused by Lessee's negligence [Home Ins. Co. of Illinois v. National Tea Co., 588 So.2d 361 (La. 1991)]

Reimbursement of Deductible(s) (LOUISIANA)

No law available.

 

MedPay and PIP (LOUISIANA)

MedPay - Subrogation allowed (pursuant to the insurance policy).  PIP - No subrogation allowed and/or no such coverage available.

Liability of Parents (LOUISIANA)

Any persons who cause/permit an unlicensed minor under 17 to drive a car are jointly and severally liable for damages caused by negligence or willful misconduct of the minor driver (potential imposed liability is between $500 and $1,000) [LSA-R.S. 32:417].  Also, parents are liable for various damage caused by their child [LSA-CC. Art. 2318]

 

 

 

 

Joint Liability (LOUISIANA)

Several liability (Plaintiff can recover from each Defendant only that Defendant’s share of liability), except for Defendants who committed an intentional tort [LSA-CC. Art. 2324]

Independent Cause of Action for Intentional or Negligent Evidence Spoliation (LOUISIANA)

The Court of Appeals has indicated that independent claims for negligent or intentional spoliation are available [Guillory v. Dillard's Dept. Store, Inc., 777 So.2d 1 (La. App. 2000)].  However, the LA Supreme Court subsequently held that no cause of action exists for negligent spoliation of evidence [Reynolds v. Bordelon, 172 So.3d 589 (La. 2015)].  Therefore, it appears that an independent cause of action exists only in cases where the spoliation was intentional.

Conflicts of Law (LOUISIANA)

Torts - Louisiana will apply the law of the state whose policies would be most impaired if its law is not applied to that issue [Rigdon v. Pittsburgh Tank& Tower Co., 682 So.2d 1303 (La. Ct. App. 1996)].  Contracts - Louisiana will apply the law of the state with the most significant contacts [Robinson v. Robinson, 778 So.2d 1105 (La. 2001)]

Louisiana