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Louisiana law

Premises Liability Laws in Louisiana.

Louisiana premises-liability law applies a civil-law duty-risk analysis under La. Civ. Code art. 2317.1 for custodial liability (garde), alongside general negligence under art. 2315. Louisiana’s 1-year delictual prescription under art. 3492 is among the shortest in the country and drives immediate action in most premises cases. Louisiana follows pure comparative fault under Civ. Code art. 2323.

Last verified: 2026-04-17

State law

Statute of Limitations

1 year (delictual prescription)La. Civ. Code art. 3492

Louisiana delictual (tort) claims — including premises-liability cases — must generally be filed within 1 year of the injury. This is one of the shortest prescription periods in the country and has been Louisiana’s general rule for decades.

State law

Fault & Liability Rules

Pure Comparative FaultLa. Civ. Code art. 2323

Louisiana applies pure comparative fault: a plaintiff’s recovery is reduced by their percentage of fault, but they are not barred from recovery even if more than 50% at fault.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Louisiana.

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