The Louisiana legislature has recently enacted several new provisions which will significantly affect Louisiana Tort law going forward.  See the highlights below:

• House Bill 431 – Since 1996, Louisiana has employed a pure comparative fault scheme where the fault of all parties or entities, including the plaintiff, is determined on a percentage basis. For example, if the plaintiff was found to be 30% at fault, he or she would be entitled to recover only 70% of the damage award. Based on the recent legislative changes, Louisiana will now employ a modified comparative fault scheme that disallows a plaintiff to recover anything, if he is found to be 51% at fault or greater. If the tortfeasor is found to be less than 51% at fault, the pure comparative fault principles still apply. This takes effect beginning January 1, 2026.
• House Bill 450 – Previously, under the “Housley Presumption”, if the plaintiff was in good health prior to an accident and symptoms manifested thereafter, it was presumed that the accident caused the injury – provided there existed reasonable medical evidence establishing a connection. Now, the Housley Presumption no longer applies, and a plaintiff is now required to establish a clear causal connection between the accident and his injuries. It can no longer be assumed that a plaintiff’s injuries are a consequence of the accident, and the plaintiff must provide definitive evidence linking the alleged injuries to the accident. This will only have “prospective application only” and will only apply to suits filed after May 28, 2025.
• House Bill 434 – Louisiana has employed “No Pay, No Play” statute, La. R.S. 32:866(A)(1), which previously provided that an uninsured driver who was involved in a motor vehicle accident was barred from recovering the first $15,000 of a bodily injury claim and $25,000 of a property damage claim. Now, as of August 1, 2025, uninsured drivers are barred from recovering the first $100,000 of any bodily injury or property damage claim resulting from a motor vehicle accident. Additionally, if an uninsured driver is awarded $100,000 or less for a bodily injury claim, they will bear the responsibility for all court costs incurred by all parties involved, irrespective of fault.
• House Bill 436 – An unauthorized undocumented alien who is involved in a motor vehicle accident is not entitled to recover general damages or past and future lost wages. The bill defines an “unauthorized alien” as one who is unlawfully present in the United States according to federal immigration laws.  However, an “alien” can still recover medical expenses and make a claim against an uninsured or underinsured motorist policy which names the “alien” as an insured.