LOUISIANA

Negligence / Personal Injury
1 Year Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage. La. Civ. Code Ann. art. 3492
Statute Of Repose

Construction: 5 Years after the date owner takespossession of the improvement to real property.La R.S. 9:2772.

Products: None.

Fraud
1 Year Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage. La. Civ. Code Ann. art. 3492

Department of Education's (DOE's) cause of action for fraud against president of child care facility receiving funds under a food service program accrued, and one-year prescriptive period began to run, when DOE conducted audit that showed the alleged overpayments, supporting DOE's allegations that president committed deliberate acts of fraud in connection with the overpayments.  State ex rel. Louisiana Dept. of Education-Food Service v. Bright Beginnings Child Care, Inc., 957 So.2d 362, 42,146 (La.App. 2 Cir. 5/16/07).
Toxic Tort
1 Year Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage. La. Civ. Code Ann. art. 3492

One-year prescriptive period for toxic tort class members, whose symptoms of mold exposure alleviated after they stopped working in state offices for at least one year before the filing of toxic tort action against the state, did not begin to run at the time class members stopped working in building, even though they had witnessed unsanitary conditions and mold infested walls; class members relied on the state's assurances that the building was safe, and thus, neither knew nor reasonably could have known that mold in the building caused or escalated their symptoms, and they filed their action within one year of their actual knowledge of the cause of their symptoms and diseases.  Watters v. Department of Social Services, App. 4 Cir.2012, 102 So.3d 118, 2011-1174 (La.App. 4 Cir. 3/14/12).
Wrongful Death
1 Year The right of action granted by this Article prescribes one year from the death of the deceased. La. Civ. Code Ann. art. 2315.2
Medical Malpractice
1 Year No action for damages for injury or death against any physician, chiropractor, nurse, licensed midwife practitioner, dentist, psychologist, optometrist, hospital or nursing home duly licensed under the laws of this state, or community blood center or tissue bank as defined in R.S. 40:1299.41(A), whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought unless filed within one year from the date of the alleged act, omission, or neglect, or within one year from the date of discovery of the alleged act, omission, or neglect; however, even as to claims filed within one year from the date of such discovery, in all events such claims shall be filed at the latest within a period of three years from the date of the alleged act, omission, or neglect. La. Rev. Stat. Ann. § 9:5628

A plaintiff's mere apprehension that something may be wrong is insufficient to commence the running of prescription unless the plaintiff knew or should have known through the exercise of reasonable diligence that his problem may have been caused by acts of malpractice.  Williams v. Tri-State Physical Therapy Inc., 850 So.2d 991, (La.App. 2 Cir. 6/25/03),
Malpractice (Other Professions)
1 Year with Discovery Rule, but no more than 3 years after occurrence. Damages limited by specific statutes.
Products Liability
1 Year

Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage. La. Civ. Code Ann. art. 3492

Discovery: 

In cases where injury or damage is not immediately apparent, prescription does not begin to run under the Louisiana Products Liability Act (LPLA) until a reasonable plaintiff would become aware of the connection between her condition and the defendant's alleged tortious actions, that is, until the plaintiff knows or should reasonably know that she has suffered damages.  Guidry v. Aventis Pharmaceuticals, Inc., M.D.La.2006, 418 F.Supp.2d 835.

Prescriptive period on claim under Louisiana Products Liability Act (LPLA), for injuries patient allegedly suffered as result of taking drug for treatment of rheumatoid arthritis, began to run when doctor told her to stop using drug because it could be causing her gastrointestinal problems, not when her spouse subsequently became aware from Internet article of possible connection between drug and liver problems. Id.

Prescriptive period applicable to plaintiff's products liability claim against manufacturer and retailer of extended-wear contact lenses did not begin to run until plaintiff read magazine article which indicated that her wearing of extended-wear contact lenses may have caused eye infection and permanent damage to her vision, notwithstanding plaintiff's knowledge that contact lens use in general could cause infection. Hoerner v. Wesley-Jensen, 684 So. 2d 508 (La. App. 4 Cir. 1996).

Even though exact nature of automobile defect was not ascertained until automobile owner read newspaper article describing transmission design defects, manner in which automobile accident had occurred and continuous trouble owner had with cruise control and braking systems up to time of accident constituted notice sufficient to commence prescriptive period.  Moran v. Volkswagen of America, Inc., 519 So.2d 871 (La. App. 4 Cir. 1998). 

Municipal Liability/Sovereign Immunity
No immunity for state, state agency from suit and liability in contract or injury to person or property. Although special statutes do exist to limit liability and create structured payment plans. Max awards of $500,000 except as to medical care and loss of earnings.
Comparative Negligence
Applies, however, no recovery by plaintiff if blood alcohol level .08% or more while operating a car, boat, or aircraft and plaintiff more than 25% negligent.
Charitable Immunity
Abolished
Punitive Damages
Limited to specific situations governed by statute. Wanton or reckless conduct involving driving while intoxicated, criminal sexual activity with victims 17 or younger, and the sale or distribution of illegal drugs.
No-Fault Insurance
None
Other Relevant Information
2 years for injuries caused by crimes of violence.

Dram shop: no liability on the part of holder of liquor permit (or employee) or social host for injuries (or wrongful death) to, or caused by, intoxication of adult.

Firearms: Liability generally denied.

Long-term food consumption: Liability for obesity, weight gain, or health problems denied.
Consumer Fraud Complaint

Louisiana Office of the Attorney General, Consumer Protection
http://ag.ky.gov/civil/consumerprotection

Consumer Line: (800) 351-4889

Fax: (225) 326-6499

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