LOUISIANA AUTO INSURANCE GUIDE
Louisiana Modified Comparative Fault & the 51% Bar
Effective January 1, 2026, Louisiana Civil Code Article 2323 uses modified comparative fault. A claimant whose negligence is 51% or greater may not recover damages; when claimant negligence is below 51%, damages are reduced in proportion to that negligence.
- A claimant at exactly 50% fault may recover 50% of otherwise recoverable damages.
- A claimant at 51% or greater fault is barred from recovery under the amended Article.
- The factfinder determines the percentage of fault attributable to all persons causing or contributing to the injury, whether or not parties.
- The statute contains a separate rule where injury results partly from the claimant’s negligence and partly from an intentional tortfeasor.
Primary Louisiana Source
Louisiana Civil Code art. 2323 — Comparative Fault
Current-law review: September 16, 2026. Act 15 of 2025 became effective January 1, 2026; earlier accidents may be governed by prior law.
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