Louisiana’s New Comparative Fault Rule

For more than 40 years, Louisiana was a “pure comparative fault” state. Beginning in 2026, Louisiana will depart from that system to a modified comparative fault model that includes a 51% bar to recovery. This shift will directly affect how claims are handled, how cases are defended, how settlements are evaluated, and whether lawsuits are filed at all.

Under the current system, Louisiana allows parties to recover damages even if they were primarily responsible for an accident. For instance, a driver who was 90% at fault for a crash could still recover the remaining 10% of their damages from another party. That changes on January 1, 2026. The new rule, enacted by the state legislature, establishes a 51% threshold: if a claimant is found to be 51% or more at fault, they will be barred from any recovery. If they are 50% or less at fault, they can still recover damages, but the award will be reduced by their percentage of fault. This brings Louisiana in line with dozens of other states that already follow a modified comparative fault system.

This upcoming change carries several important implications. Under the new rule, every percentage point of fault becomes critical. Demonstrating that a claimant bears 51% or more of the responsibility now means the Defendant may owe nothing – a major shift from the current framework. Even small differences in fault allocation are likely to become major points of contention in mediations and trials.

The change will also affect how claims are valued and settled. Cases that might once have settled for a reduced amount under the old system could now settle for significantly less or not at all if the claimant’s fault appears substantial. Adjusters should be prepared to reassess comparative fault early in the claim process, while defense counsel can use the new rule to seek early resolution, mediation, or even dismissal when liability is strongly contested.

In short, Louisiana’s adoption of the 51% fault bar represents a fundamental shift in how liability and recovery are determined. For insurers, it offers the potential to reduce payouts and limit exposure, but only if fault is thoroughly investigated, well-documented, and effectively presented.