Louisiana has enacted new laws addressing the burden of proof and limitation on damages in personal injury claims. These enactments not only affect claims arising on land but also may extend to claims arising on fixed structures in state waters and on the Outer Continental Shelf, where state law has been applied as surrogate federal law. Among the notable new legislative actions are the enactment of Code of Evidence Article 306.1, the amendment of Civil Code Article 2323(A), and the enactment of Civil Code Article 2323(D).
Continue reading to learn more about these new legislative actions.