The term “negligence” is commonly used every day in different conversations. Louisiana negligence laws are put in place to take care of your family, protect you, and protect property from the carelessness of others.
In Louisiana, negligence laws come from C.C. Art. 2315; negligence is defined as the failure of one person or entity to exercise appropriate care. If someone’s indifference has harmed you, then you may have grounds for a Louisiana personal injury lawsuit. The plaintiff in a case has to establish four separate elements for their case to succeed. They are: (1) Duty; (2) Breach; (3) Causation and (4) Damages.
A plaintiff must show that the defendant owed them a duty of care. In negligence, duty most often means that another party had a legal responsibility to act in a reasonably safe manner and avoid injuring another person. For example, all drivers have a duty to obey traffic laws and drive safely.
This element requires proving that the defendant’s conduct fell below the duty of care they owed you. In other words, you have to show they acted unreasonably under the circumstances. For example, you would establish breach by showing that the driver violated his duty of care to obey traffic laws by running the red light.
Proving someone caused your injuries sounds simple enough, and most of the time, it is. Still, causation can be one of the most complicated elements in a personal injury claim. The plaintiff must demonstrate that the defendant’s breach of duty caused their injuries. This requires establishing a direct link between the defendant’s actions and the harm suffered by the plaintiff.
You must prove that you suffered financial or emotional losses due to the defendant’s conduct. And generally, you must prove how extensive your losses were to recover compensation for your damages.
Louisiana is one of the few states in the U.S. that follows the “pure comparative negligence” law. The amount of compensation that an injured person receives is determined by the degree of their fault for the accident. This means that even if you are partly at fault for an accident, you may still be able to recover some compensation for your injuries. A judge or the jury will determine the amount of fault for each party and make their determination of that finding.
In simple terms, comparative negligence essentially means that if you share some fault for your own injuries, your damages will be reduced in proportion to your percentage of fault. In this context, “pure” comparative negligence means that even if you are 99% at fault for your injuries, you can still recover damages, albeit at a reduced rate.
Here’s an example for you to think about:
Tom is visiting his mother in the hospital. While walking to her room, he slips on an unmarked wet surface and injures himself. The hospital had a duty to alert visitors about the slippery floor and failed to do so. As such, it is likely that the hospital is 100% at fault and has to pay Tom’s full damages.
However, suppose that Sally slipped on the same floor, but she was running recklessly just prior to her fall. Under comparative negligence, the court may decide that Mary has some responsibility for her careless behavior. Let’s say the court decides Sally is 30% to blame. This will affect the amount paid in compensation. She will not recover all of her damages. She can only recover 70% of the compensation.
For over 30 years, Craig and his team have helped thousands of personal injury victims pursue compensation for damages owed to them. We are dedicated to providing competent, compassionate legal support and giving you and your family the personalized attention you deserve. Our lawyers are committed to fighting for your rights and helping you recover maximum compensation for your injuries and losses. Give us a call today. Our conversations are always free, and you don’t pay anything unless we win your case!
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