HLS 24RS-771 REENGROSSED
2024 Regular Session
HOUSE BILL NO. 315
BY REPRESENTATIVES MIKE JOHNSON, BAYHAM, BILLINGS, ROBBY CARTER,
DICKERSON, EDMONSTON, GREEN, LARVADAIN, MUSCARELLO,
STAGNI, AND VENTRELLA
PRESCRIPTION: Extends prescription on tort actions
1 AN ACT
2To enact Civil Code Articles 3493.11 and 3493.12, and to repeal Civil Code Articles 3492
3 and 3493, relative to tort actions; to provide prescriptive periods for tort actions; to
4 provide for applicability; to provide for an effective date; and to provide for related
5 matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Civil Code Articles 3493.11 and 3493.12 are hereby enacted to read as
8follows:
9 Art. 3493.11. Delictual actions
10 Delictual actions are subject to a liberative prescription of two years. This
11 prescription commences to run from the day injury or damage is sustained. It does
12 not run against minors or interdicts in actions involving permanent disability and
13 brought pursuant to the Louisiana Products Liability Act or state law governing
14 product liability actions in effect at the time of the injury or damage.
15 Art. 3493.12. Damage to immovable property; commencement and accrual of
16 prescription
17 When damage is caused to immovable property, the two-year prescription
18 commences to run from the day the owner of the immovable acquired, or should
19 have acquired, knowledge of the damage.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-771 REENGROSSED
HB NO. 315
1 Section 2. Civil Code Articles 3492 and 3493 are hereby repealed their entirety.
2 Section 3. The provisions of this Act shall be given prospective application only and
3shall apply to delictual actions arising after the effective date of this Act.
4 Section 4. This Act shall become effective on July 1, 2024.
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 315 Reengrossed 2024 Regular Session Mike Johnson
Abstract: Changes prescriptive periods for tort actions from one year to two years.
Present law provides that delictual actions and actions involving damage to immovable
property have a liberative prescription of one year.
Proposed law removes present law and provides that the tort actions have a liberative
prescription of two years.
Proposed law provides for prospective application only.
Effective July 1, 2024.
(Adds C.C. Arts. 3493.11 and 3493.12; Repeals C.C. Arts. 3492 and 3493)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Add a technical change.
The House Floor Amendments to the engrossed bill:
1. Add technical changes.
2. Provide that proposed law shall be given prospective application.
3. Provide an effective date of July 1, 2024.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.