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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.

Last reviewed: June 5, 2026

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 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.

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