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Negligence / Personal Injury
1 Year1 Year
Products Liability
SOL: 1 year. The one-year statute of limitations does not run against minors (those under 18) in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing products liability actions in effect at the time of the injury.
Wrongful Death
SOL: 1 year
Medical, Dental, Nursing, and Hospital Malpractice
1 Year Medical, Dental, Nursing, and Hospital Malpractice (also accountant and attorney malpractice)
SOL: 1 year with Discovery Rule, but no more than 3 years after occurrence. Damages limited by specific statutes.
Actions Not Provided For
2 Years2 Years
Charitable Immunity
Abolished.
No dram shop liability
Comparative Negligence
Applies, however, no recovery by plaintiff if blood alcohol level .08% or more while operating a car, boat, or aircraft and plaintiff more than 25% negligent.
Sovereign Immunity
No immunity for state, state agency from suit and liability in contract or injury to person or property. Although special statutes do exist to limit liability and create structured payment plans. Max awards of $500,000 except as to medical care and loss of earnings.
Punitive Damages
Limited to specific situations governed by statute. Wanton or reckless conduct involving driving while intoxicated, criminal sexual activity with victims 17 or younger, and the sale or distribution of illegal drugs.
Consumer Fraud Complaint
Louisiana Office of the Attorney General, Consumer Protection
(225)326-6465
(800)351-4889 (toll-free in Louisiana) |
