Negligence simply means failing to take proper care. Louisiana negligence laws are there to protect you, your family, and your property from the carelessness of others. These laws hold the responsible party accountable when they fail to take proper care – like texting while driving, running a red light, speeding through a stop sign, etc.As a Louisiana personal injury lawyer, I know in this day and age, medical and repair bills get very expensive very quickly. Louisiana law sets a system in place that allows you to get the compensation you deserve from the offending party.
Key Takeaways
- Negligence Means Failing to Take Proper Care
Louisiana negligence law comes from La. C.C. art. 2315. You must show the other party owed a duty of care, such as driving at a safe speed for the conditions, breached it, and that the breach caused your damages rather than something else.
- Special and General Damages Are Both Recoverable
Special damages are quantifiable losses like medical expenses, lost wages, and benefits. General damages compensate pain and suffering; they are not easily measured and are left to the discretion of the judge or jury.
- Shared Fault Reduces or Bars Your Recovery
A judge or jury assigns each party a percentage of fault, so a visitor found 30% to blame for her own fall recovers 70% of her damages. Since January 1, 2026, anyone found 51% or more at fault recovers nothing under La. C.C. art. 2323.
The Elements of Louisiana Negligence Laws
In Louisiana negligence laws, negligence is defined as the failure of one person or entity to exercise appropriate care. If someone’s indifference has harmed you, then you may have grounds for a Louisiana personal injury lawsuit. Louisiana’s negligence law comes from the Louisiana Civil Code article 2315.
Negligence includes the concept of duty. Duty is the care that someone or something is obliged to show to others. For instance, a driver has a duty to maintain a safe speed in light of the circumstances to other drivers on the road.
If a breach of duty (or failure to fulfill a duty) happens, and the breach results in you getting hurt, Louisiana negligence laws were likely violated.
Louisiana negligence cases also involve other elements such as proximate cause. This element looks at whether the actual act of negligence caused the damage complained of, or whether something else caused it.
In negligence cases, you must also prove your damages. Damages are either special or general. Special damages include medical expenses, quantifiable financial losses (lost wages, benefits, etc.), and other quantifiable expenses. General damages compensate you for pain and suffering. They are not easily quantifiable and are up to the discretion of the court or jury.
The Issue of Comparative Negligence
Louisiana follows a modified comparative fault system for accidents occurring on or after January 1, 2026. This means you do not have to be completely free from fault to recover damages. However, the percentage of fault assigned to you can have a major impact on your claim.
If you are found to be 50% or less at fault, you can still recover damages, but your compensation is reduced by your percentage of fault. If you are found to be 51% or more at fault, you cannot recover damages at all.
That makes disputes over fault especially important. An insurance company may try to increase the percentage of blame assigned to you because every additional percentage point can reduce what it has to pay. For accidents occurring on or after January 1, 2026, pushing your share of fault to 51% or more could allow the insurer to avoid paying your injury claim entirely.
Here is an example:
John is visiting his mother in the hospital. While walking to her room, he slips on an unmarked wet surface and is injured. If the hospital knew or should have known about the dangerous condition and failed to address it or warn visitors, the hospital may be responsible for John’s damages.
Now suppose Mary slips on the same wet floor, but evidence shows she was running immediately before the fall. A judge or jury could decide that Mary shares some responsibility for what happened.
If Mary is found 30% at fault and the hospital is 70% at fault, Mary’s recovery would be reduced by 30%. For example, if her damages totaled $100,000, she could recover $70,000.
But the stakes are much higher under Louisiana’s current law. If an insurer successfully argues that Mary was 51% or more responsible for the fall, she would recover nothing. That is why evidence about how an accident happened, and efforts by an insurance company to shift blame onto the injured person, can be so important to a Louisiana negligence claim.
For incidents that occurred before January 1, 2026, Louisiana’s prior pure comparative fault law generally applies, which allowed recovery even when the injured person was more than 50% at fault, subject to a reduction based on that person’s percentage of fault.
After a serious accident, while you are dealing with injuries, medical bills, car repairs, and insurance companies, you need someone working on your side while you focus on getting better.
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Need to talk to someone about your claim? An experienced Louisiana personal injury attorney will help you understand your legal rights and options, and if necessary, help you file a personal injury lawsuit to help you recover compensation for your losses.
Contact Loyd Bourgeois today for help with your injury claim. The call is free and there is no obligation – (985) 240-9773.
