Contributory Negligence in Louisiana
State-specific overview · Tort Law
Louisiana applies pure comparative fault; you recover your proportional share even if mostly responsible, minus your percentage.
How Louisiana treats Contributory Negligence
Louisiana's civil law system uses comparative fault rather than comparative negligence, but the practical effect is similar to pure comparative negligence. You may recover damages reduced by your percentage of fault, even if you are 99% responsible. Louisiana courts allocate fault among all parties, including settling defendants, and adjust the plaintiff's recovery accordingly. This rule applies broadly across negligence claims.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.