Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

LOUISIANA

Negligence / Personal Injury

1 year

Wrongful Death

1 year

Medical Malpractice

1 year with Discovery Rule. SOR: 3 years after occurrence.  Damages limited by specific statutes.

Malpractice (Other Professions)

1 year for attorney and accountant malpractice. SOR: 3 years.

Products Liability

1 year. The one-year statute of limitations does not run against minors (those under 18) in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing products liability actions in effect at the time of the injury.

Intentional Torts

1 year

Municipal Liability/Sovereign Immunity

1 year to file notice of claims. 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

Pure comparative negligence rule 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.

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://www.ag.state.la.us/Consumers.aspx
(225)326-6465

(800)351-4889 (toll-free in Louisiana)
(225)326-6499 (Fax)