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Legal Memorandum: Government Official's Conduct in LA

Issue: Is assumption of risk a bar to recovery in a matter involving the conduct of a government official in Louisiana?

Area of Law: Employee Law, Government Claims, Litigation & Procedure
Keywords: Assumption of risk; Government official's conduct; Comparative fault and duty/risk
Jurisdiction: Louisiana
Cited Cases: 541 So. 2d 897; 808 So. 2d 694; 539 So. 2d 66; 543 So. 2d 9
Cited Statutes: None
Date: 10/01/2009

Derouen v. Mallard Bay Drilling, LLC, 00-1268, p. 10 (La. App. 1 Cir. 6/22/01); 808 So. 2d 694, 704; McCullin v. U.S. Agencies Cas. Ins. Co., 786 So. 2d 269, 274 (La. App. 2 Cir. 5/9/01).  “Assumption of risk no longer has a place in Louisiana tort law, cannot be utilized as a complete bar to plaintiff’s recovery, and [is now] governed by concepts of comparative fault and duty/risk.”  Giddings v. Commercial Union Ins. Co., 539 So. 2d 66, 68 (La. App. 2 Cir. 10/26/88), writ denied, 541 So. 2d 897 (La. 4/21/89), reconsideration denied, 543 So. 2d 9 (La. 5/19/89).

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