HLS 22RS-1494 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 887
BY REPRESENTATIVE ROBBY CARTER
CIVIL/ACTIONS: Provides for the right of action in wrongful death and survival actions
1 AN ACT
2To amend and reenact Civil Code Articles 2315.1(D) and 2315.2(D), relative to wrongful
3 death and survival actions; to provide for actions brought by a child given in
4 adoption; to provide for actions brought by a sibling given in adoption; and to
5 provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Civil Code Articles 2315.1(D) and 2315.2(D) are hereby amended and
8reenacted to read as follows:
9 Art. 2315.1. Survival action
10 * * *
11 D.(1) As used in this Article, the words "child", "brother", "sister", "father",
12 "mother", "grandfather", and "grandmother" include a child, brother, sister, father,
13 mother, grandfather, and grandmother by adoption, respectively.
14 (2) As used in the Article, the words "child", "brother", and "sister" include
15 a child, brother, or sister given in adoption, respectively.
16 * * *
17 Art. 2315.2. Wrongful death action
18 * * *
19 D.(1) As used in this Article, the words "child", "brother", "sister", "father",
20 "mother", "grandfather", and "grandmother" include a child, brother, sister, father,
21 mother, grandfather, and grandmother by adoption, respectively.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1494 ENGROSSED
HB NO. 887
1 (2) As used in the Article, the words "child", "brother", and "sister" include
2 a child, brother, or sister given in adoption, respectively.
3 * * *
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)]
HB 887 Engrossed 2022 Regular Session Robby Carter
Abstract: Includes a child, brother, or sister given in adoption in the class of persons with
a right of action in a wrongful death or survival action.
Present law survival action provides that if a person who has been injured by an offense or
quasi offense dies, the right to recover all damages for injury to that person, his property or
otherwise, caused by the offense or quasi offense, shall survive for a period of one year from
the death of the deceased.
Present law wrongful death action provides that if a person dies due to the fault of another,
suit may be brought by certain persons to recover damages which they sustained as a result
of the death.
Present law provides that a wrongful death or survival action may be brought by the
following classes of people:
(1) The surviving spouse and child or children of the deceased, or either the spouse or
the child or children.
(2)The surviving father and mother of the deceased, or either of them if he left no
spouse or child surviving.
(3)The surviving brothers and sisters of the deceased, or any of them, if he left no
spouse, child, or parent surviving.
(4)The surviving grandfathers and grandmothers of the deceased, or any of them, if he
left no spouse, child, parent, or sibling surviving.
Present law provides that the words "child", "brother", "sister", "father", "mother",
"grandfather", and "grandmother" include a child, brother, sister, father, mother, grandfather,
and grandmother by adoption, respectively.
Present law provides that for purposes of the wrongful death or survival actions, a father or
mother who has abandoned the deceased during his minority is deemed not to have survived
him.
Proposed law retains present law and further provides that "child", "brother", and "sister" as
used in present law includes a child, brother, or sister given in adoption.
(Amends C.C. Arts. 2315.1(D) and 2315.2(D))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.