Louisiana Negligence Laws
In Louisiana, a court’s interpretation of the degree to which a defendant is “negligent” can carry great implications, making or breaking a plaintiff’s ability to win adequate compensation in a personal injury case.
Negligence is a term used to describe anyone who does not behave as a “reasonable” person would in the same situation, putting someone else at risk. We will soon describe this concept in further depth.
What’s Considered Negligent Behavior in Louisiana
To better understand what would or would not be considered negligent behavior in Louisiana, it would help to first review our state’s legal definition of “negligence.” To be considered negligent, actions in the Bayou State must meet the following criteria:
- The defendant had a duty of care to fulfill and breached it.
- If it weren’t for that breach of duty, the plaintiff would not have been injured.
- It can be proven that the defendant’s behavior alone was responsible for the plaintiff’s injuries (in some cases, there may be multiple defendants, diminishing any given defendant’s legal liability, and giving the plaintiff the ability to recover compensation from multiple individuals).
- There must be proof of losses and injuries on the part of the plaintiff.
By design, Louisiana’s standard of what constitutes negligence is quite similar to that of many other states.
One related legal concept that is essential to understand in any case involving Louisiana negligence laws is the standard of comparative negligence, which allows multiple parties to hold liability in any given personal injury case.
That means multiple parties, including you, can be found liable for your injuries. If you’re partially to blame for what happened, your compensation will be reduced proportionally. For example, holding 10 percent of the blame would reduce your award by 10 percent.
Contact a Louisiana Negligence Law Attorney
Negligence may sound like a hard thing to prove, but provided that you have the right evidence and legal counsel, it’s often much easier than you’d expect.
For a legitimate shot at getting the compensation you need and deserve, contact a Louisiana personal injury lawyer at Spencer Calahan Injury Lawyers today. Dial 225-387-2323 or complete the form below to schedule a free consultation.