Louisiana 2014 Regular Session

Louisiana House Bill HB114 Latest Draft

Bill / Engrossed Version

                            HLS 14RS-834	ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 114
BY REPRESENTATIVE CONNICK
PRESCRIPTION:  Extends the time within which to commence a lawsuit in certain civil
cases
AN ACT1
To enact Civil Code Article 3493.11 and to repeal Civil Code Article 3492, relative to2
prescription; to provide a two-year prescriptive period for delictual actions; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1.  Civil Code Article 3493.11 is hereby enacted to read as follows: 6
Art. 3493.11.  Delictual actions 7
Delictual actions are subject to a liberative prescription of two years.  This8
prescription commences to run from the day injury or damage is sustained.  It does9
not run against minors or interdicts in actions involving permanent disability and10
brought pursuant to the Louisiana Products Liability Act or state law governing11
product liability actions in effect at the time of the injury or damage.12
Section 2.  Civil Code Article 3492 is hereby repealed in its entirety.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Connick	HB No. 114
Abstract: Increases the liberative prescriptive period for delictual actions from one to two
years.
Present law provides that delictual actions are subject to a liberative prescription of one year,
and that the prescriptive period commences to run from the day injury or damage is
sustained. HLS 14RS-834	ENGROSSED
HB NO. 114
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that the prescriptive period does not run against minors or interdicts
in actions involving permanent disability and brought pursuant to the Louisiana Products
Liability Act or state law governing product liability actions in effect at the time of the injury
or damage.
Proposed law retains present law but changes the liberative prescriptive period from one to
two years.
(Adds C.C. Art. 3493.11; Repeals C.C. Art. 3492)