Statutes of Limitations in Louisiana

NOTE: During the COVID-19 public health emergency, the state has granted immunity to medical malpractice claims with the exception of cases of willful misconduct or gross negligence.

What’s a Statute of Limitations?

A statute of limitations is a time limit set by the state for a plaintiff to take legal action.

Is There a Louisiana Statute of Limitations for Civil Claims?

Yes: Most types of offenses have a statute of limitations in Louisiana.

What Is the Statute of Limitations in Louisiana?

The statute of limitations in Louisiana for most civil lawsuits is one year from the date the offending action occurred. For criminal offenses, the statute of limitations varies based on the severity of the offense, ranging from six months to ten years. The most serious crimes have no deadline at all.

Louisiana Statute of Limitations for Personal Injury and Negligence

The Louisiana statute of limitations for personal injury cases is one year from the date of injury.

“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)

Louisiana Statute of Limitations for Personal Injury Claims by Type

Type of Claim	Time Limit	Statute
Injury to Person	1 year	Civ. Code §3492
Injury to Property	1 year	Civ. Code §3492
Negligence	1 year	Civ. Code §3492

Construction Defects Statute of Repose

The statute of repose for construction defects is five years after the date the owner takes possession of the improvement to real property. (La R.S. 9:2772)

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)

Statute of Limitations for Mold Cases and Other Toxic Torts

Lawsuits over mold exposure and other similar cases, known as toxic torts, have a deadline of one year, falling under the same statute as personal injury cases.

The discovery rule may apply in toxic tort cases. For instance, in a 2012 case, workers in a mold-infested building were assured that the building was safe, and the court ruled that they neither knew nor reasonably could have known that the mold in the building caused or escalated their symptoms; they took legal 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)

Claims based on other types of malpractice have a deadline of one year. The discovery rule applies, but this can only extend the deadline by a maximum of three years from the incident in question. Damages are limited by state statutes.

Product Liability

What Is the Statute of Limitations for Product Liability Claims?

In Louisiana, the statute of limitations on product liability is one year from the date the plaintiff bought the defective product.

“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)

What Is the Louisiana Products Liability Act?

The Louisiana Products Liability Act is the state law outlining manufacturers’ responsibility to design and create safe products and/or warn people of the potential dangers of a product. The LPLA establishes the accepted grounds for liability claims.

Discovery Rule

“In cases where injury or damage is not immediately apparent, prescription does not begin to run 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)

In a 1996 case, the court ruled that the prescriptive period applicable to the plaintiff’s product liability claim against the manufacturer and retailer of extended-wear contact lenses did not begin to run until the plaintiff read a magazine article that indicated that her wearing of extended-wear contact lenses may have caused eye infection and permanent damage to her vision, notwithstanding the 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))

Louisiana Statute of Limitations for Criminal Acts

The statute of limitations in Louisiana for criminal acts is commonly four to six years, but it depends on the specific charges. A minor misdemeanor may have a statute of limitations of six months, while a felony punishable by hard labor would typically have a deadline of six years. The most severe charges, such as murder and first-degree rape, have no statute of limitations.

Other Offenses and Clarifications

• Crimes of Violence: The statute of limitations for injuries caused by crimes of violence is two years.
• Dram Shop Liability: There is no liability on the part of the holder of a liquor permit (or employee) or social host for injuries (or wrongful death) to or caused by an intoxicated adult.
• Firearms: Manufacturers and dealers of firearms are generally not liable for damages caused by the use of these products.
• Obesity: Manufacturers and sellers of food or beverages are not liable for claims based on obesity, weight gain or related health problems due to long-term consumption of the food or beverage.

Municipal Liability/Sovereign Immunity

The state is not immune to lawsuits, but special statutes do exist to limit liability and create structured payment plans. Awards are capped at $500,000 with the exception of medical expenses and loss of earnings.

Comparative Negligence

Comparative negligence applies in Louisiana. In addition, a plaintiff may not recover damages if they are found more than 25% negligent in a case in which they had a blood alcohol level of 0.08% or more while operating a car, boat or aircraft.

Charitable Immunity

Charitable organizations are not immune to prosecution in Louisiana.

Punitive Damages

Punitive damages are limited to specific situations governed by statute, including cases of driving while intoxicated and criminal sexual activity with victims 17 or younger.

No-Fault Insurance

Louisiana is not a no-fault state.

Consumer Fraud Complaints

The Consumer Protection Section of the state Office of the Attorney General accepts consumer fraud complaints filed online or by mail. You can also call the Consumer Protection Hotline at 1-800-351-4889.

Frequently Asked Questions