A genuine, recent turning point
For 45 years, under Civil Code art. 2323, Louisiana used pure comparative fault — a claimant's own fault reduced their recovery, but never eliminated it, no matter how high the percentage. On January 1, 2026, House Bill 431 amended article 2323 to add a modified comparative fault rule: for accidents occurring on or after that date, a claimant found 51% or more at fault recovers nothing at all.
The date of the accident, not the lawsuit, controls
This change applies prospectively only. An accident occurring on or after January 1, 2026 is governed by the new 51% bar. An accident before that date remains under the former pure comparative fault rule, even if the lawsuit is filed, or reaches trial, well after the new rule took effect. This mirrors the same date-driven structure as Louisiana's 2024 prescription extension — the specific date of the underlying incident, not when the case happens to be handled, decides which rule applies.
The new rule, precisely
Under the amended article, a claimant at exactly 50% fault is not yet over the bar — their damages are reduced but not eliminated. Only at 51% does the claim become entirely barred. This makes Louisiana's new rule a genuine "51% bar" state, joining the majority of US jurisdictions rather than remaining one of the handful of pure comparative outliers.
Worked example under the new rule
For an accident on or after January 1, 2026, someone with $100,000 in damages, found 49% at fault, recovers $51,000. The same person, found 51% at fault, recovers nothing at all — a complete reversal from how the exact same facts would have played out under the old pure comparative rule, where that 51%-at-fault claimant would still have recovered $49,000.
Fault is still compared against everyone involved
Both the old and new versions of article 2323 share this feature: fault is determined for every person who contributed to the injury, regardless of whether they're a party to the lawsuit, their ability to pay, any statutory immunity they might have, or whether their identity is even known. See our full comparison of Louisiana's old and new rules for more on how this transition actually works.