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Legal Memorandum: Personal Injury Matters in LA

Issue: Whether La. Civ. Code arts. 2323 and 2324 apply to a personal injury matter.

Area of Law: Litigation & Procedure, Personal Injury & Negligence
Keywords: Personal injury matter; Statutory immunity
Jurisdiction: Louisiana
Cited Cases: None
Cited Statutes: La. Civ. Code art. 2323, art. 2323(A), § 2323(B), § 2323(C), art. 2324(A), (B)
Date: 07/01/2010

La. Civ. Code art. 2323 provides that in any action for personal injury, the degree or percentage of fault of all persons contributing to the injury must be determined, regardless of whether the person is a party to the action or is eligible for immunity.  La. Civ. Code art. 2323(A) (2010).  In addition, if a person suffers injury as the result of his own negligence or partly as a result of his own negligence, the amount of damages recoverable must be reduced in proportion to the degree or percentage of negligence attributable to him.  Id.  The provisions of Article 2323(A) apply regardless of the legal doctrine or theory alleged as a basis for liability.  Id. § 2323(B).  If, however, the plaintiff’s personal injuries are suffered as a result of the defendant’s intentional (as opposed to negligent) conduct, the plaintiff’s own negligence will not reduce his recovery.  Id. § 2323(C).   

Article 2324 provides that any liability imposed will, in the absence of a conspiracy, be joint and divisible, as opposed to joint and several.  Id. at art. 2324(A), (B).  That is, a joint tortfeasor will not be liable for any more than his degree of fault, regardless of another defendant’s immunity or other reason for not paying his share.  Id. at art. 2324(B).

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