SLS 22RS-389 ENGROSSED
2022 Regular Session
SENATE BILL NO. 149
BY SENATOR TALBOT
PRESCRIPTION. Provides for delictual actions. (8/1/22)
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; and
5 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; operation of a vehicle,
9 aircraft, watercraft
10 Delictual actions which arise due to injury or damage sustained as a
11 result of an accident caused by the operation or control of any motor vehicle,
12 aircraft, watercraft, or other means of conveyance, are subject to a liberative
13 prescription of two years. This prescription commences to run from the day the
14 injury or damage is sustained. It does not run against minors or interdicts in
15 actions involving permanent disability and brought pursuant to the Louisiana
16 Products Liability Act or state law governing product liability actions in effect
17 at the time of the injury or damage.
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. 149
SLS 22RS-389 ENGROSSED
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lebra R. Bias.
DIGEST
SB 149 Engrossed 2022 Regular Session Talbot
Proposed law increases the general one-year prescriptive period for delictual actions for
injury or damages arising from the operation of any motor vehicle, aircraft, watercraft, or
other means of conveyance to a two-year prescriptive period. Proposed law further provides
that this prescription commences to run from the day injury or damage is sustained and that
it does not run against minors or interdicts in actions involving permanent disability and
brought pursuant to the La. Products Liability Act or present law governing product liability
actions in effect at the time of the injury or damage.
Effective August 1, 2022.
(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 the one-year prescriptive period for delictual actions for injury or
damages arising from the operation of any motor vehicle, aircraft, watercraft,
or other means of conveyance from one-year to a two-year prescriptive
period; and provides that this prescription commences to run from the day the
injury or damage is sustained. Further provided that 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.