Louisiana Modified Comparative Fault & the 51% Bar

Current Louisiana law uses a modified comparative-fault system with a 51% bar

Effective January 1, 2026, Civil Code art. 2323 provides that a person whose own negligence is 51% or greater cannot recover damages. If the claimant's negligence is less than 51%, recoverable damages are reduced proportionally. This is a material change from Louisiana's prior pure comparative-fault system.

The statutory boundary is 50% versus 51%

For a claim governed by the current text, a claimant found 50% negligent may recover 50% of otherwise recoverable damages, while a claimant found 51% negligent recovers nothing. Do not use a 50% bar. These examples assume the current article governs and no specialized doctrine independently changes the result.

Fault is allocated to parties and nonparties, but intentional tortfeasors receive special treatment

Article 2323 requires allocation to all persons causing or contributing to the injury, whether party or nonparty and regardless of insolvency, immunity or unknown identity. If the injury is partly caused by an intentional tortfeasor, the claimant's negligence does not reduce the claim under the statutory exception. Identify each actor and legal basis rather than relying on an adjuster's single percentage.

Pre-2026 causes require transition analysis rather than automatic application of the new bar

Act 15 states that the amendment became effective January 1, 2026 but contains no express transition clause in its enrolled text. Because the change is substantive, a pre-effective-date accident or cause can require a separate Louisiana retroactivity/prospectivity analysis. The public guide should not mechanically apply the 51% bar to an older loss merely because suit remains pending in 2026.

Closing guidance

For claims governed by current Louisiana art. 2323, 50% claimant negligence reduces recovery and 51% bars it. For older causes, first determine which version of the law applies before doing the fault arithmetic.