CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SATURDAY, OCTOBER 11, 2025

Louisiana State Legislature 2025 Regular Session: Tort Reform - Acts & Vetoed Insurance Bill

Baton Rouge Capitol Park

This summary outlines key developments from the Louisiana State Legislature’s 2025 regular session.

October 6, 2025
Jennifer Kretschmann - Lewis Brisbois Newsroom

New Orleans, La. (August 25, 2025) - In 2025, Louisiana lawmakers passed several tort reform acts with the aim of reducing frivolous lawsuits and addressing insurance issues. The Governor also vetoed an “insurance reform” bill limiting bad faith lawsuits against insurers. This summary outlines key developments from the Louisiana State Legislature’s 2025 regular session.

Modification of Comparative Fault Scheme
Act No. 15 (HB 431) changes Louisiana’s pure comparative fault scheme to that of a modified comparative fault scheme, as set forth in La Civ. Code Art. 2323. Under this new scheme people who are mostly at fault (51% or more) are barred from recovering damages. If the injured party’s fault is less than 51%, the amount of damages recoverable is reduced in proportion to the injured party’s fault. Importantly, in cases where the issue of comparative fault is submitted to the jury, 2323(D) requires the jury to be instructed on the effect of this Article. Act No. 15 and its changes to Art. 2323 will become effective January 1, 2026.

Ms. Kretschmann may be contacted at Jennifer.Kretschmann@lewisbrisbois.com


Use the form below to search the CDJ Archives: Search by topic, name, keywords, etc...

CDJ ARCHIVES-NEWS YOU MIGHT HAVE MISSED