Louisiana Personal Injury Law: Comparative Negligence or Fault

“[Comparative] negligence is conduct on the part of the plaintiff which falls below the standard to which he should conform for his own protection. The standard of conduct to which the plaintiff must conform for his own protection is that of a reasonable man under like circumstances…. Failure to take every precaution against every foreseeable risk to use extraordinary skill, caution and foresight does not constitute negligence or [comparative] negligence… [The victim] is required only to use reasonable precautions, and [his] conduct in this regard is not negligence if, by a common-sense test, it is in accord with that of reasonably prudent persons faced with similar conditions and circumstances.” See Louisiana Civil Code articles 2323 and 2324; Dupas v. City of New Orleans, 354 So.2d 1311 (La. 1978), quoting Smolinski v. Taulli, 276 So.2d 286, 290 (La. 1973).

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