Negligence Overview

The foundation for Louisiana Negligence Law is set forth in Louisiana Civil Code Article 2315, which provides in relevant part, “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” There are four elements that a plaintiff must prove to be successful in a Louisiana Negligence Case. They are: (1) Duty; (2) Breach; (3) Causation and (4) Damages.

First, the plaintiff must establish that defendant owes him a duty to exercise reasonable care. Second, the plaintiff must establish that defendant breached that duty through action or inaction. Third, plaintiff must establish that the breach is both the factual cause and legal cause plaintiff’s injuries. Finally, plaintiff must establish that she suffered an injury.

Sometimes Louisiana court’s look to a formula, the Judge Learned Hand formula, to determine if there is negligence. That formula states that a defendant is negligent if the burden (B) of taking precautions is less than the probability (P) of the loss, times the gravity or severity of the loss (L). (i.e. defendant is negligent if B < L X P).

If you need help or have any question about your negligence case, call me at 866-558-9151 or submit your inquiry online. Please be advised that you may be facing important legal deadlines so don’t delay.

Comparative and Contributory Negligence

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