Have you been injured a car wreck in Louisiana? If so then, Louisiana’s laws on negligence are used to determine who’s responsible for the damages you suffered.
Louisiana’s negligence law, codified in Civil Code Article 2315 (A), states: Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.
This statute is the basis for recovery in personal injury cases. Article 2315 is a broad statute and encompasses a wide range of negligent acts, and some actions are not so obvious.
Negligence and Duty Risk Analysis in Louisiana Law
For a person to establish a claim against another for negligence, a five-prong analysis was established by the courts.
- Was the conduct a cause in fact of the harm? This is the “but for” question. If the plaintiff would not have been injured but for the defendant’s conduct, such conduct is a cause in fact.
- Was a duty owed to the plaintiff by the defendant? Did the defendant owe a duty to the plaintiff, either by statute, regulation, or custom?
- Did the defendant breach this duty? Did the defendant conform to the duty owed to the plaintiff?
- What was the scope of duty breached? Was the obligation breached intended to protect this plaintiff from this type of harm? Although this is a legal question, the answer depends on case-specific facts to determine foreseeability and ease of association.
- What damages were suffered by the plaintiff? Was the harm suffered caused by the breach of duty?
Is Louisiana a Comparative Negligence State?
Yes, Louisiana has a comparative negligence rule. If a party has some responsibility for the accident then comparative negligence rules apply.
In Louisiana, an injured party has the right to recover for injuries sustained in an accident. The right of recovery exists even if the injured party is over 50% at fault for causing the wreck.
Louisiana Civil Code 2323 is the Louisiana statute that established the basis for comparative negligence. Application of La. C.C. Art. 2323 reduces plaintiff’s claim in proportionate to the percentage of his or her fault.
In other words, you can recover damages for the percentage you were not at fault in causing. If you have a personal injury claim wherein you sustained $200,000.00 in damages, but you were 50% at fault, your recovery would be $100,000.00.
Having an attorney experienced in accident reconstruction, and fault determination are crucial to getting a fair outcome for you.
What is Negligence Per Se in a Personal Injury Case?
Negligence per se is a determination by a court that a party is guilty of negligence without the need to put the issue before a jury. In a personal injury case, the only remaining question is the amount of damages.
Negligence per se commonly occurs when a violation of law is involved in causing the injury. For example, a car is seen speeding through a red traffic signal, in a school zone, and smashing into a car with you inside.
You hire an attorney to file suit to recover the damages you suffered in the accident. His actions violated traffic laws against speeding in a school zone and failure to stop for a red traffic signal.
Because the traffic violations were a proximate cause of the damages, the judge can rule that the driver was negligent without wasting judicial resources.
Negligence per se applies does not apply to all violations of the law, but only violations that lead to the cause of the accident or injury. In other words, the offense must have a casual relationship to the crash.
For example, driving on the roads in Louisiana without a valid drivers license is a violation of state statute. This violation had no impact on the cause of the accident, and the doctrine of negligence per se would not be applicable.
What are the Two Types of Damages Allowed in Louisiana Tort Law?
Compensatory and punitive damages are the two types of damages a party can seek to recovery under Louisiana tort law.
Compensatory damages are the classification of losses suffered because of the negligence of another party.
The purpose of compensatory damages is to put you in the position you were in before the accident. On the other hand, punitive damages are designed to punish the party who caused your injuries.
Within compensatory damages, there are two categories of damages, general and special damages. Louisiana civil code article 2315 (A) is the foundation for Louisiana negligence law and provides in section (B) the damages an aggrieved party can recover.
Art. 2315. Liability for acts causing damages
A. Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.
B. Damages may include loss of consortium, service, and society, and shall be recoverable by the same respective categories of persons who would have had a cause of action for wrongful death of an injured person. Damages do not include costs for future medical treatment, services, surveillance, or procedures of any kind unless such treatment, services, surveillance, or procedures are directly related to a manifest physical or mental injury or disease. Damages shall include any sales taxes paid by the owner on the repair or replacement of the property damaged
Special damages are usually easier to determine. They are the actual hard dollars lost because of the accident. The following are some examples of special damages:
- Past medical expenses
- Past lost wages
- Future lost wages
- Automobile repair costs
- Personal expenses for items lost or replaced
- Future Medical expenses
- Funeral and burial expenses
General damages are not as easy to quantify; they include personal losses such as:
- Past pain and suffering
- Future pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Consortium (loss of service, society or spousal/family relationships)
Louisiana allows recovery for punitive damages in limited situations. La. LA Civ Code 3546 provides as follows:
Punitive damages may not be awarded by a court of this state unless authorized:
(1) By the law of the state where the injurious conduct occurred and by either the law of the state where the resulting injury occurred or the law of the place where the person whose conduct caused the injury was domiciled; or
(2) By the law of the state in which the injury occurred and by the law of the state where the person whose conduct caused the injury was domiciled. LA Civ Code 3546
The following list is situations allowing recovery of punitive damages:
- If you have suffered an injury as the result of domestic violence;
- If you have sustained an injury in an accident with a drunk driver or other instance of gross negligence;
- If you have sustained an injury by a product that has injured many people;
- If you have sustained an injury because of a dangerous situation which was known but ignored;
- If you have sustained an injury in a physical attack;
- If a defendant engaged in criminal sexual activity with a person less than 17 years old.
If you have been involved in an accident, you need an attorney working for you that knows Louisiana negligence laws. The right attorney knows all aspects of the damages you are entitled to recover and how to maximize your recovery.
Sonja Bradley has helped many victims throughout south Louisiana obtain settlements and verdicts against defendants and their insurance companies.
If you want someone by your side, with experience and knowledge to ensure you receive the compensation you deserve, contact our offices in either Hammond or Livingston, Louisiana. Interested in reading more on Louisiana law visit our blog posts or click here to read about Louisiana’s No Pay, No Play laws.