Comparative Negligence in Louisiana
State-specific overview · Tort Law
Louisiana applies pure comparative fault under Civil Code Article 2323, allowing recovery at any fault level.
How Louisiana treats Comparative Negligence
Louisiana's civil law system uses pure comparative fault rather than comparative negligence, reducing damages by the plaintiff's percentage of fault with no minimum threshold. Under La. C.C. Art. 2323, a plaintiff can recover even if 99% at fault, receiving only 1% of damages. Louisiana also recognizes the concept of "fault" more broadly than negligence alone, including intentional acts in some contexts.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Louisiana.