Louisiana Personal Injury Law: The Housley Presumption

“In a personal injury suit, plaintiff bears the burden of proving a causal relationship between the injury sustained and the accident which caused the injury. Plaintiff must prove causation by a preponderance of the evidence. The test for determining the causal relationship between the accident and subsequent injury is whether the plaintiff proved through medical testimony that it is more probable than not that the subsequent injuries were caused by the accident. *** Plaintiff is aided in [his] burden of proving causation by the presumption … that ‘[a] claimant’s disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterwards, providing that the medical evidence shows there to be a reasonable possibility of causal connection between the accident and the disabling condition. In order to defeat the presumption, defendant must show some other particular incident could have caused the injury in question.” See Maranto v. Goodyear Tire & Rubber Co., 650 So.2d 757, 759 & 761 (La.1995).

If you or a loved one has been seriously injured in a Louisiana accident, contact the Baton Rouge, Louisiana Injury Lawyers at Dué, Guidry, Piedrahita & Andrews. Email Louisiana Injury Lawyers or call (800) 929-7481 to schedule a free consultation.