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SOL Changes in Louisiana

June 17, 2024

The Louisiana Governor signed HB 315 last week extending the statute of limitations for delictual (tort) actions and claims for damage to immovable property from 1 to 2 years.   “This change in the law is something companies in Louisiana need to be aware of immediately.  It will change some defenses in our cases and will inevitably result in a slight uptick in filings,” says New Orleans lawyer and GJK attorney Jason Elam. 

HB 315 enacts Louisiana Civil Code articles 3493.11 (two-year prescriptive period for delictual actions) and 3493.12 (two-year prescriptive period for damage to immovable property) and repeals Louisiana Civil Code articles 3492 (one-year prescription for delictual actions) and 3493 (one-year prescription for damage to immovable property).

The text of the newly enacted La. C.C. art. 3493.11 Delictual Actions is:

“Delictual actions are subject to a liberative prescription of two years. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage.”

The text of the newly enacted La. C.C. art. 3493.12 Damage to Immovable Property; Commencement and Accrual of Prescription is:

“When damage is caused to immovable property, the two-year prescription commences to run from the day the owner of the immovable acquired, or should have acquired, knowledge of the damage.”

These changes are effective July 1, 2024.

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