July 11, 2025

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Lee Ziffer and Jason Elam

Gay Jones & Kuhn PLLC

 

The Louisiana Legislature adjourned its 2025 Regular Session in June, concluding one of the more consequential sessions for tort reform in recent memory. With the stated objective of reducing insurance premiums and curbing perceived litigation abuses, state lawmakers advanced a package of reforms that have the potential to reshape the legal landscape for personal injury claims in Louisiana.

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The End of Pure Comparative Fault in Louisiana

One of the most significant developments is the enactment of House Bill 431. This legislation eliminates Louisiana’s longstanding pure comparative fault regime in favor of a modified system that completely bars recovery for plaintiffs found to be primarily at fault.​

Under the current system, juries are instructed to allocate fault among all potentially responsible parties, including the plaintiff. A plaintiff may recover damages even if they are more than 50% at fault, with their recovery reduced proportionally. For example, a plaintiff found 70% at fault for an accident could still recover 30% of the total damages.

This system changes on January 1, 2026, when HB 431 takes effect. Under the new law, plaintiffs determined to be 51% or more at fault for their injuries will be completely barred from recovering damages. Although the legislation was promoted as a means of curbing automobile accident claims in which the claimant was primarily at fault, the statutory language contains no restriction that limits its application to auto cases. Accordingly, the new threshold will apply broadly to all personal injury and tort actions arising on or after January 1, 2026.

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Legislative Reversal of the Housley Presumption

In another major departure, the Legislature has legislatively overruled the longstanding Housley presumption, a perceived plaintiff-friendly evidentiary doctrine in personal injury cases. This presumption often relieved plaintiffs of the burden of presenting expert medical testimony to prove causation and allowed them to rely on circumstantial evidence.​

Under the Louisiana Supreme Court’s ruling in Housley v. Cerise, 579 So. 2d 973 (La. 1991), plaintiffs were entitled to a presumption that their injuries were caused by an accident if:

1. They were in good health prior to the accident,

2. Symptoms appeared contemporaneously with the accident, and

3. The medical evidence showed a reasonable possibility of a causal connection between the accident and the injuries.​

House Bill 450 enacts Louisiana Code of Evidence Article 306.1, which expressly eliminates the Housley presumption. The new provision states:

Notwithstanding any other provision of law, in a claim for personal injury damages . . .  the lack of a prior history of an illness, injury, or condition shall not create a presumption that an illness, injury, or condition was caused by the act that is the subject of the claim.​

By removing this presumption, the Legislature has made it more difficult for plaintiffs to establish causation without affirmative expert evidence.

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Substantial Increase to ‘No-Pay No-Play’ Thresholds

House Bill 434 brings a notable change by amending Louisiana’s “no-pay no-play” statute. Under current law, a motorist who fails to maintain the state’s minimum automobile insurance coverage is barred from recovering the first $15,000 of any award for bodily injury and the first $25,000 for property damage.​

Effective January 1, 2026, HB 434 raises both thresholds dramatically—from $15,000 to $100,000 for bodily injury and from $25,000 to $100,000 for property damage. This change significantly increases the financial penalty for operating a vehicle without insurance, with the goal of further discouraging claims by uninsured motorists.

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Bar on General Damages for Undocumented Immigrants in Automobile Accident Cases

House Bill 436 introduces new restrictions on damages available to undocumented immigrants injured in automobile accidents. Effective August 1, 2025, any person who is not lawfully present in the United States will be prohibited from recovering general damages, including pain and suffering, loss of enjoyment of life, and emotional distress, and past and future lost wages.

This limitation applies only in the context of automobile accidents and does not, on its face, extend to other types of tort claims. The law may generate litigation regarding its constitutionality and scope, particularly concerning federal preemption concerns and equal protection challenges.

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Conclusion

These legislative reforms will alter the state’s tort landscape. Collectively, these reforms will affect the way claims are evaluated and litigated. By abrogating the Housley presumption, modifying the fault allocation regime, and limiting (or outright excluding) damage recovery for whole categories of plaintiffs, the Legislature has taken aim at perceived ballooning litigation exposure in the state. Litigants and attorneys will need to consider how these changes affect risk profiles, reserving practices, and claim-handling strategies going forward. While the full impact of these reforms will depend on their judicial interpretation and practical application, Plaintiffs’ attorneys, insurers, and defendants alike should assess the impact of these changes on their practice and exposure profile in 2026 and beyond.

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For questions or more information regarding these recent legislative reforms in Louisiana, please contact Lee Ziffer (lziffer@gayjoneslaw.com) or Jason Elam (jason@gayjoneslaw.com). 

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ABOUT GJK: Gay Jones & Kuhn PLLC offers a broad spectrum of legal services for clients in Mississippi, Louisiana, Arkansas, and Alabama, including mass tort and personal injury defense, asbestos bankruptcy trust transparency, strategic counsel services, general counsel and small business services. For more information about GJK, visit www.gayjoneslaw.com.