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 431 Engrossed 2025 Regular Session Chenevert
Abstract: Changes the pure comparative fault system to a modified comparative fault system with
a 51% bar to recovery.
Present law provides that if a person suffers injury, death, or loss as the result partly of his own
negligence and partly as a result of the fault of another person or persons, the amount of damages
the plaintiff can recover shall be reduced in proportion to the degree or percentage of negligence
attributable to the person suffering the injury, death, or loss.
Proposed law changes present law by barring a plaintiff's recovery for damages if the plaintiff is
found 51% or more at fault in causing his own damages.
Effective January 1, 2026.
(Amends C.C. Art. 2323(A))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Change the threshold for a plaintiff's bar to recovery from 50% to 51%.