Louisiana

STATUTE OF LIMITATIONS

Personal Property: 1 Year

Personal Injury: 1 Year

Breach of Contract (Written): 10 Years

Breach of Contract (Oral): 10 Years

Statute of Repose (Real Property): 5 Years

Statute of Repose (Products): N/A

Breach of Warranty: 1 or 4 Years (Discovery or Delivery Date)

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

The notice deadline for a suit against the State is the statute of  limitations for that type of claim.

PIP/MED PAY SUBROGATION

PIP: NO
MED PAY: YES

CONTRIBUTORY NEGLIGENCE

Pure Comparative
Plaintiff’s damages will be reduced by their own liability no matter how large, so long as it’s less than 100% (i.e. 99% at fault can still recover 1%)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability: Unlimited

Liable when child under 18 causes damage

Vehicle owner will be liable for minor driver under 16 operating motor vehicle with permission

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals

JOINT AND SEVERAL LIABILITY

Several Liability
-Join and several liability for defendants who have conspired to commit an intentional tort

MADE WHOLE DOCTRINE

Applies

DEDUCTIBLE REIMBURSEMENT

No applicable statute

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.