SLS 22RS-106 ENGROSSED
2022 Regular Session
SENATE BILL NO. 130
BY SENATOR CONNICK
PRESCRIPTION. Provides for liberative prescription. (gov sig)
1 AN ACT
2 To enact Civil Code Art. 3493.11, relative to liberative prescription; to provide for delictual
3 actions resulting from the operation or control of any motor vehicle, aircraft,
4 watercraft, or other means of conveyance; to provide for two-year prescription; to
5 provide for an effective date; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Civil Code Art. 3493.11 is hereby enacted to read as follows:
8 Art. 3493.11. Delictual actions; two-year prescription; motor vehicle accidents
9 Delictual actions which arise due to injury or damages sustained as a
10 result of an accident caused by the operation or control of any motor vehicle,
11 aircraft, watercraft, or other means of conveyance, are subject to a liberative
12 prescription of two years. This prescription commences to run from the day
13 injury or damage is sustained. It does not run against minors or interdicts in
14 actions involving permanent disability and brought pursuant to the Louisiana
15 Products Liability Act or state law governing product liability actions in effect
16 at the time of the injury or damage.
17 Section 2. The provisions of this act shall have prospective application only and shall
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 130
SLS 22RS-106 ENGROSSED
1 apply only to a cause of action arising on or after the effective date of this Act.
2 Section 3. This Act shall become effective upon signature by the governor or, if not
3 signed by the governor, upon expiration of the time for bills to become law without signature
4 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
5 vetoed by the governor and subsequently approved by the legislature, this Act shall become
6 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lebra R. Bias.
DIGEST
SB 130 Engrossed 2022 Regular Session Connick
Proposed law provides that delictual actions arising from damages resulting from the
operation or control of any motor vehicle, aircraft, watercraft, or other means of conveyance
are subject to a liberative prescription of two years, commencing to run from the day the
injury or damage is sustained.
Proposed law provides that present law does not run against minors or interdicts in actions
involving permanent disability and brought pursuant to present law governing product
liability actions in effect at the time of the injury or damage.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds C.C. Art. 3493.11)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Changes delictual actions arising from motor vehicle accidents to delictual
actions arising from the operation or control of any motor vehicle, aircraft,
watercraft, or other means of conveyance.
2. Adds "injury sustained" to the type of delictual action for which a claim may
be brought.
3. Adds that liberative prescription does not run against minors or interdicts in
actions involving permanent disability and brought pursuant to the La.
Products Liability Act or state law governing product liability actions in
effect at the time of the injury or damage.
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.