In Louisiana, negligence is a cornerstone of many personal injury cases, including car accidents, slip and fall claims, and medical malpractice lawsuits. Understanding how negligence is defined and proven under Louisiana law is crucial if you’ve been injured due to someone else’s actions.

What Is Negligence Under Louisiana Law?

Negligence occurs when a person fails to exercise reasonable care, resulting in harm to another. Louisiana uses a “duty-risk” analysis to determine liability. This involves four main elements:

1. Duty: The defendant had a legal obligation to act (or refrain from acting) in a certain way.
2. Breach: The defendant failed to fulfill that duty.
3. Causation: The breach directly caused the plaintiff’s injury.
4. Damages: The plaintiff suffered actual harm, such as physical injuries, financial losses, or emotional distress.

All four elements must be proven for a successful negligence claim in Louisiana.

Comparative Fault in Louisiana

Louisiana follows a comparative fault system, meaning that even if you were partially responsible for your own injuries, you may still recover damages. However, your compensation will be reduced by your percentage of fault. For instance, if you were found 20% at fault, your total recovery would be reduced by that same percentage.

Prescriptive Periods (Time Limits)

In most Louisiana personal injury cases, you have one year from the date of the injury to file a lawsuit. Missing this deadline may result in losing your right to pursue compensation.

Why Legal Guidance Matters

Negligence cases often involve complex legal and factual issues. Determining who owed a duty, whether that duty was breached, and how damages are calculated requires careful analysis.

At Schmolke Law Firm, we help Baton Rouge residents navigate these challenges. Our firm can evaluate your case, gather evidence, and pursue the compensation you deserve after an accident or injury caused by negligence.