Negligence in Louisiana
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A Louisiana fact pattern
Negligence in louisiana.
Statute of limitations
2 years
La. Civ. Code art. 3493.1
Two years from the day injury or damage is sustained, for delictual actions that arose on or after July 1, 2024 (Act 423).
- If you were hurt before July 1, 2024, the old one-year prescription under former art. 3492 is the one that can kill the file. Do not assume two years for an older crash.