The original instrument was prepared by Jerry G. Jones. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Xavier
Alexander.
DIGEST
SB 154 Engrossed 2019 Regular Session Ward
Present law, relative to civil liability and damages, 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.
Present law in Civil Code provides prescriptive period of one year for certain delictual actions.
Proposed law increases time from one year to two years.
Present law provides certain requirements for wearing of safety belts.
Present law further provides that in any action to recover damages arising out of the ownership,
common maintenance, or operation of a motor vehicle, failure to wear a safety belt in violation of
present law shall not be considered evidence of comparative negligence. Further provides that failure
to wear a safety belt in violation of present law shall not be admitted to mitigate damages. Proposed
law repeals present law provisions, and adds as new Code of Evidence Article that in any action to
recover damages arising out of the ownership, common maintenance, or operation of a motor
vehicle, failure to wear a safety belt in violation of law may be considered evidence of comparative
negligence. The admissibility of such evidence shall be determined by the court out of the hearing
of the jury.
Effective August 1, 2019. (Amends R.S. 32:291 and C.C. Arts. 3492 and 3493; adds C.E. Art. 416; repeals R.S. 32:295.1(E))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the original bill
1. Adds language relative to Civil Code and Code of Evidence.
2. Adds repeal of R.S. 32:295.1(E).