Louisiana 2019 2019 Regular Session

Louisiana Senate Bill SB154 Comm Sub / Analysis

                    The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jerry G. Jones.
DIGEST
SB 154 Original	2019 Regular Session	Ward
Present law, relative to civil liability provides that any person driving any vehicle, object, or
contrivance upon any highway or highway structure shall be liable for all damages, which the
highway or structure may sustain as a result of any illegal operation, driving or moving of such
vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or
contrivance weighing in excess of the permitted maximum weight, even if authorized by a special
permit issued as provided in R.S. 32:388. 
Proposed law redesignates cross-reference concerning weight and special permits from R.S. 32:388
to R.S. 32:385-387.
Present law provides whenever such a driver causing damage is not the owner of the vehicle, object,
or contrivance but is operating, driving, or moving the same with the express or implied permission
of the owner, then the owner and driver shall be jointly and severally liable for any such damage. 
Proposed law changes "be jointly and severally liable" to "have solidary liability".
Proposed law further provides that evidence of liability and damage shall be admissible as authorized
by the Louisiana Code of Evidence or other applicable provision of law, and that 
the prescriptive period or periods for actions under the provisions of the proposed law shall be
governed by the Louisiana Civil Code or other applicable provision of law.
Effective August 1, 2019.
(Amends R.S. 32:291)