# Louisiana Comparative Fault and the 51% Bar

Louisiana shares fault among everyone responsible for an injury. For accidents on or after January 1, 2026, a plaintiff found 51% or more at fault recovers nothing; at 50% or less, the award is reduced by their share of fault. Accidents before that date use the old pure-comparative rule, where you could recover even at high fault — the award was only reduced, never barred.

When more than one person contributes to an accident, Louisiana assigns each a percentage of fault. How that percentage affects your recovery changed for accidents on or after January 1, 2026.

## The current rule: modified comparative fault, 51% bar

For causes of action arising **on or after January 1, 2026**, La. Civ. Code art. 2323 uses a modified system. A plaintiff who is **51% or more** at fault recovers nothing. A plaintiff who is **50% or less** at fault still recovers, with the award reduced by their percentage of fault. This change came from Act 15 of the 2025 Regular Session.

## Before January 1, 2026: pure comparative fault

Accidents before that date are governed by the prior pure-comparative version of art. 2323. Under it, a plaintiff could recover even when mostly at fault — the award was simply reduced by their share, never cut off. The date of the injury, not the date you file, decides which rule applies.

## Intentional conduct is different

If the defendant acted intentionally, comparative fault does not reduce your recovery. The fault-sharing analysis applies to negligence, not deliberate harm.

Fault percentages are fought hard because they move real money. A [Louisiana injury lawyer](/louisiana/) builds the evidence to keep your share low and the other side's where it belongs.

## Frequently Asked Questions

### What happens if I was partly at fault for my Louisiana accident?

For accidents on or after January 1, 2026, if you are 50% or less at fault you still recover, but your award is cut by your percentage of fault. If you are 51% or more at fault, you recover nothing. For accidents before January 1, 2026, the old pure-comparative rule applies and recovery is only reduced, never barred.

### Does comparative fault apply if the other person hurt me on purpose?

No. When a defendant acts intentionally, the plaintiff's damages are not reduced by comparative fault at all. That matters in assault, battery, and road-rage cases.