Negligence in Louisiana
State-specific overview · Tort Law
Louisiana uses a civil law system based on fault principles, requiring proof that defendant's conduct caused injury through breach of legal duty.
How Louisiana treats Negligence
Louisiana's negligence framework derives from civil law rather than common law, focusing on whether the defendant's conduct caused damage through failure to exercise reasonable care. The state recognizes that fault may arise from either intentional acts or failure to exercise ordinary care. Louisiana courts apply a broad concept of liability that includes indirect causation and foreseeable harm. The state does not recognize assumption of risk as a complete bar to recovery but considers it in assessing comparative fault.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.