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ARTICLE · 06 JUNE 2025

Louisiana Ends Pure Comparative Fault: Key Changes Ahead For Tort And Wrongful Death Litigation

Deutsch Kerrigan LLP
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On May 28, 2025, Governor Jeff Landry signed HB 431, amending Louisiana Civil Code Article 2323 and officially ending the state's pure comparative fault system. This change is part of a broader tort reform initiative.

United StatesLitigation, Mediation & Arbitration
Jennifer E. Adams
Jennifer E. Adams
Amber B. Garcia
Amber B. Garcia

On May 28, 2025, Governor Jeff Landry signed HB 431, amending Louisiana Civil Code Article 2323 and officially ending the state's pure comparative fault system. This change is part of a broader tort reform initiative.

Effective January 1, 2026, Louisiana will adopt a modified comparative fault rule with a 51% bar—plaintiffs found to be 51% or more at fault will be barred from recovering damages, and defendants will pay only their share of fault.

This will significantly impact wrongful death claims, including those in various types of litigation, when the decedent dies after the effective date.

Louisiana's fault system has evolved over decades, from contributory negligence to pure comparative fault. This latest change introduces new strategic considerations for parties in litigation.

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