Louisiana Tort Laws

Louisiana's tort laws changed significantly in July 2020 when the Civil Justice Reform Act became law. The legislation resulted in changes to the state’s tort laws. The Collateral Source Rule, for instance, was amended to limit a claimant’s recovery of past medical expenses to the actual amount that the health insurance carrier has paid to the medical provider it contracted to treat the claimant, not the billed amount.

There were also changes to the evidentiary rules that apply to car accident cases, among others. For instance, the rule that prohibited defendants from presenting evidence that the plaintiff was not wearing a seat belt during the crash was repealed. Because the non-use of a seatbelt is now admissible as evidence, defendants may seek to devalue or deny a car accident victim’s claim on account of Louisiana’s comparative fault rule.

As laws evolve, it is important that Louisiana residents stay informed about the state’s tort policy. This will ensure that they know what legal remedies and reliefs are available to them if they suffer injury or harm due to another person’s wrongful act or negligence. These topics are discussed in detail in the next sections.

Basic Tort Categories in Louisiana

Negligent Torts

Negligent torts happen when someone fails to be as careful as they should be, causing harm to another person. In Louisiana, the plaintiff must prove the following elements to establish a negligence claim:

• Duty: The defendant must have owed the plaintiff a duty of care. For example, a landlord must ensure their rental property complies with the state’s building safety codes.

• Breach: This refers to the defendant’s failure to carry out the duty of care they owe to the plaintiff. In the context of the previous example, a landlord who fails to secure smoke alarms for their rental property can be said to have breached their duty of care.

• Causation: The defendant’s breach of duty caused the plaintiff’s damages. If a fire breaks out in a rental home, the lack of smoke alarms might be stated as a cause for renter damages.

• Damages: The plaintiff must have actually suffered damages due to the defendant’s negligence. If a small fire breaks out in a multifamily rental property, only tenants who were injured or had their personal belongings damaged may recover compensation.

Motor vehicle crashes, medical malpractice, premises liability, and workplace accidents are all examples of negligent torts.

Intentional Torts

In Louisiana, intentional torts are deliberate actions that cause harm to others, even if the harm itself was not intended. As long as the action leading to the harm was intentional, it can be considered an intentional tort." An example of this is a prank that goes wrong. Even if the prankster claims that they did not mean for the victim to get hurt, their actions leading up to the accident were on purpose, which means they are guilty of an intentional tort.

Other examples of intentional torts include assault and battery, defamation, fraud, and trespassing.

Strict Liability Torts

Strict liability torts apply to cases where there were no negligent or deliberate acts but an individual or entity is still held responsible for the harm done. This is best exemplified in dog bite cases, where the owner is liable for the dog’s aggression. Enterprises involved in the manufacturing or distribution of defective products can also be sued under the strict liability doctrine.

Other Tort Categories in Louisiana

Economic Torts

Economic torts, or business torts, are wrongful acts that cause financial harm to a business. Business torts can be the result of either negligence or deliberate actions. For example, a trade secret can be leaked by a negligent employee or deliberately stolen by a competitor. Other common types of business torts include the following:

• Breach of fiduciary duty.

• Commercial defamation.

• Copyright infringement.

• Fraudulent misrepresentation.

• Tortious interference.

• Unfair trade practices.

Nuisance Torts

Louisiana's nuisance laws prevent landowners from using their property in a way that interferes with their neighbor's enjoyment of their own property. Civil courts usually consider the characteristics of the neighborhood, the extent of the nuisance, and the effect of the nuisance on the surrounding properties when deciding whether an activity is a nuisance. Noise, unpleasant odors, and pests are just a few examples of what may constitute a nuisance.

The state also considers certain prohibited activities as public nuisances, such as drug-related dealings, prostitution, obscenity, and gambling.

Toxic Torts

As a state rich in natural resources, Louisiana is bustling with industrial activity. However, one consequence of this comes in the form of industrial contamination, which often carries adverse effects on public health. The harm caused by exposure to harmful chemicals is the basis of toxic tort claims in the Pelican State.

In February 2023, the Environmental Protection Agency and Department of Justice filed a complaint against petrochemical giants Denka and DuPont for the chloroprene emissions of their manufacturing facility in LaPlace, Louisiana. The EPA classifies chloroprene as a cancer-inducing agent.

Toxic torts are attributable not only to industrial companies but also to other settings. The following are examples of other types of toxic torts:

• Asbestos exposure: Asbestos is common in the construction industry due to its insulating properties. However, it can also cause mesothelioma and other respiratory illnesses.

• Toxic mold: Due to abundant rainfall and humid climate, toxic mold is pretty common in Louisiana. A resident who contracts an illness due to mold can file a toxic tort claim against a negligent landlord or construction company for faulty home construction.

• Pesticides: Some fresh products in markets have been sprayed with pesticides that can cause severe health conditions and congenital disabilities. The Roundup Cancer Lawsuit against Monsanto, for example, involved a toxic tort that involved cancer-causing pesticides.

• On-the-job exposure: While it is normal for industrial workers to handle harmful chemicals regularly, their employers are still responsible for enforcing risk-mitigation measures. Essentially, if employers are proven negligent in ensuring that their employees are working in acceptable conditions, they can be held liable for toxic tort claims.

Torts vs. Crimes in Louisiana

Some intentional torts have a corresponding criminal charge, but torts and crimes have fundamental differences. For instance, civil law governs torts, and the court hearing a case primarily aims to compensate the victims financially. In contrast, criminal law governs crimes, and the court intends to hold the defendant accountable for their unlawful acts against society.

One thing to remember is that the outcome of a criminal case does not affect a tort plaintiff’s chances of recovering damages in their civil suit. Additionally, even though the court may order convicted defendants to pay restitution, the payments are usually significantly lower than what may be awarded to victims in a civil action.

Other differences between torts and crimes are shown below:

Mass Torts in Louisiana

Mass torts involve many victims, which is often the case when litigating cases involving defective products. An example is the Chinese-Manufactured Drywall Products Liability Litigation administered by the Eastern District of Louisiana court. 

The drywall, which was used in approximately 4,500 properties, was tainted with sulfur, resulting in personal injury and property damage to homeowners. One of the companies proposed an initial settlement of at least $800 million, but the final payment in 2019 eventually amounted to $248 million.

Aside from defective products, mass tort claims usually apply to dangerous drugs, toxic exposure, and man-made disasters.

Mass Torts vs. Class Actions

Both mass torts and class actions involve several plaintiffs, although the main difference lies in how cases are handled. Each case is treated individually in a mass tort, whereas in a class action, all claims are consolidated into one lawsuit.

Plaintiffs have more room to negotiate in a mass tort. However, this process takes much longer to settle. On the other hand, settlements for class actions are distributed among class members. This means that compensation from a class action may not be proportional to the damages an individual plaintiff suffers.

Mass Tort Process

The first step in filing a mass tort claim is determining whether the case in question truly falls under a mass tort. The plaintiff must provide relevant evidence to their litigation attorney, such as medical records and proof of purchase. The lawyer will then look into similar cases and determine whether there is potential for a new mass tort claim or advise the plaintiff to join an ongoing multi-district case.

In multi-district litigation, multiple lawsuits are combined and handled by one federal judge. A group of attorneys, called the plaintiffs' steering committee, is chosen to manage the cases. 

Bellwether trials may also be held to expedite the process further, and these serve as a practice run to give both sides an idea of the possible outcome of future cases. Successful bellwether trials can persuade the defendant to enter settlement negotiations for the remaining cases, while unsuccessful ones can help lawyers improve their arguments for future proceedings.

Louisiana Tort Liability Insurance Requirements

As per state law, the only insurance required for businesses in Louisiana is workers’ compensation insurance. This applies to all businesses with at least one employee, regardless of whether the employee is temporary, seasonal, part-time, or full-time. However, it is also common for business owners to carry other types of insurance, such as:

• General liability insurance: This helps cover legal costs and healthcare expenses for claims filed against the business.

• Commercial flood insurance: Louisiana is a flood-prone state, and this type of insurance protects business owners from property damage.

• Business owner policy: This combines general liability, business income, and business property insurance policies into one.

Statutes of Limitations for Tort Cases in Louisiana

In Louisiana, most civil lawsuits must be filed within one year, which is a shorter time limit than in many other states. This time limit applies to most personal injury cases, as well as defamation and property damage suits. Claims filed against uninsured motorists are a notable exception to this rule, as plaintiffs are given two years instead.

For torts involving minors, the statute of limitations is tolled until the victim turns 18 years old. In the case of defective products, the countdown starts when the injury is discovered or within a reasonable timeframe when the injury should have been discovered.

How Much Can Someone Sue in a Tort Case in Louisiana?

In a successful tort lawsuit in Louisiana, plaintiffs are entitled to receive compensatory damages. These include special damages (also known as economic damages), which refer to quantifiable expenses, and general damages, which refer to personal losses. Hospitalization costs and lost wages are common examples of special damages, while things like pain and suffering fall under general damages. Punitive damages may also be awarded, although they are uncommon.

There are no damage caps for most torts, except for medical malpractice claims and lawsuits against the government. For both cases, the cap is set at $500,000, but the limitation for medical malpractice suits does not apply to future medical expenses. 

Louisiana also has a “No Pay, No Play” law that limits the compensation available to drivers who were uninsured or did not have the minimum required coverage at the time of a car accident. The law essentially bars the plaintiff from collecting the first $10,000 in bodily injury damages and $25,000 in property damages.

The Pelican State also follows the comparative negligence doctrine, which means that a plaintiff’s financial recovery can be reduced in proportion to their degree of fault for an accident. For example, a plaintiff who is set to receive $50,000 in damages but is found to be 10% at fault for their damages will only receive $45,000.

Other Legal Remedies in Tort Cases in Louisiana

When a tort involves ongoing harm, Louisiana courts may order an injunction against the offending party. An injunction is a judicial order that dissuades a person from continuing a certain action that harms the plaintiff. For example, in medical malpractice actions, an injunction may be issued against a healthcare institution to prevent it from exerting pressure on the plaintiff by collecting outstanding medical bills.

A temporary restraining order is another form of injunction, which is usually effective while the case is still pending or awaiting trial. After the hearing, the judge may also issue a final protective order, which can last indefinitely. This usually applies to victims of stalking and domestic abuse.

For torts with corresponding criminal charges, if the court finds the defendant guilty, it may also issue an order for restitution payable to the victim.

Resources for Tort Victims in Louisiana

LouisianaLawHelp.org

LouisianaLawHelp.org, funded by the Louisiana Bar Foundation, provides free civil legal aid to the elderly and low-income individuals across the state. It has resources that give plaintiffs an idea of what to expect from their cases. It also has guides for those who wish to represent themselves in court, offering referrals to various legal programs.

The Pro Bono Project

The Pro Bono Project is available to those in need in the greater New Orleans metropolitan area. It handles general civil law issues, tenant and homeowner rights, and employment issues. Its website is also available in Spanish. Interested individuals can inquire about their eligibility by calling 504-581-4043 or emailing probono@probono-no.org.

Louisiana Coalition Against Domestic Violence

Louisiana Coalition Against Domestic Violence offers shelters and non-residential programs to victims and survivors of domestic abuse across the state. It has an array of projects that aim to prevent and address the effects of domestic violence, such as the Expert Witness Project, Survivor Stability Fund, and Children Exposed to Violence. The LCADV can be reached through their statewide hotline, 1-888-411-1333.