Louisiana: Old Rule vs. New Rule, Compared Directly

Forty-five years under one rule

Louisiana adopted comparative fault under Civil Code art. 2323 in 1980, and for the 45 years that followed, it was a pure comparative fault state — one of a genuinely small group nationally. A claimant's own fault always reduced their recovery proportionally, and never eliminated it, regardless of how high that percentage climbed.

The change: a 51% bar, starting January 1, 2026

House Bill 431, part of a broader insurance and civil justice reform package signed into law in 2025, amended article 2323 to add a modified comparative fault rule: for accidents on or after January 1, 2026, a claimant found 51% or more at fault is barred from any recovery at all.

The core difference, stated plainly

Under the old rule, fault was purely a question of how much — a higher percentage simply meant a smaller check, with no finish line where the claim disappeared. Under the new rule, fault becomes a question of whether — once a claimant's share crosses 51%, the entire claim is gone, not just reduced.

The same facts, two different outcomes

Consider a claimant with $100,000 in damages, found 60% at fault. Under the old pure comparative rule, that claimant still recovered $40,000. Under the new 51% bar rule, that same claimant recovers nothing at all. The underlying facts and percentage are identical; only the date of the accident determines which outcome applies.

What decides which rule applies

The date of the underlying accident controls, not the date a lawsuit is filed or reaches trial. An accident before January 1, 2026 is still governed by the old pure comparative rule, even if the case is litigated well into the future under the new rule's general prevalence. An accident on or after that date follows the new 51% bar from the start.

Part of a national trend

This change brings Louisiana in line with the majority of US states, which already use some form of modified comparative fault rather than a pure comparative system. See our guide to the other states that now share Louisiana's 51% bar for Louisiana's new peer group.

Old rule vs. new rule — frequently asked questions

How long did Louisiana use pure comparative fault?

About 45 years, since Louisiana adopted comparative fault under Civil Code art. 2323 in 1980, until the 51% bar took effect for accidents on or after January 1, 2026.

What is the single biggest practical difference between the two rules?

Under the old rule, a claimant's fault only ever reduced their recovery, however high the percentage. Under the new rule, fault of 51% or more eliminates the recovery entirely — turning the question from how much into whether.

Which rule applies to a claim depends on what, exactly?

The date of the underlying accident. Accidents before January 1, 2026 are governed by the old pure comparative rule; accidents on or after that date follow the new 51% bar, regardless of when the case is filed or goes to trial.

What law actually made this change in Louisiana?

House Bill 431, part of a broader insurance and civil justice reform package signed into law by the governor in 2025, amended Civil Code art. 2323 to add the 51% bar.

Does this bring Louisiana in line with most other states?

Yes. The move to a 51% bar aligns Louisiana with the majority of US jurisdictions, which use some form of modified comparative fault rather than the pure comparative system Louisiana had used since 1980.

This page provides general guidance only and is not legal advice. Figures are based on Louisiana statute (La. Civ. Code art. 2323, before and after the 2026 amendment), verified per our methodology. Confirm which rule applies to a specific claim with a licensed Louisiana attorney before acting.