> This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

# Damages Allocation in Louisiana

In Louisiana, fault for causing damage is allocated among all persons involved under La. Civ. Code art. 2323. The statute governs how a factfinder apportions a percentage of fault to each party, including the claimant, based on the evidence presented. This allocation directly reduces the damages a claimant may recover by the portion of fault attributed to them. The article also provides rules for situations involving intentional tortfeasors and other specific circumstances. The exact mechanism for computing the allocation and any applicable exceptions are detailed in the official source. The worked example below demonstrates how the calculation operates. Use the calculator to estimate how this rule applies to your own facts.

## Governing authority

In Louisiana, the damages allocation rule is set by **La. Civ. Code art. 2323**. The verified packet cites La. Civ. Code art. 2323 (https://legis.la.gov/Legis/Law.aspx?d=109330).

**Louisiana damages allocation:** governed by **La. Civ. Code art. 2323**. The verified packet cites La. Civ. Code art. 2323 (https://legis.la.gov/Legis/Law.aspx?d=109330).

**Estimate your own result:** every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.

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_This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction._


In Louisiana, fault for causing damage is allocated among all persons involved under La. Civ. Code art. 2323. The statute governs how a factfinder apportions 

Damages Allocation in Louisiana

Art. 2323. Comparative fault A.(1) In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault attributable to all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity by statute, including but not limited to the provisions of R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable. (2) If a person suffers injury, death, or loss partly as the result of his own negligence and partly as a result of the fault of another person or persons, then the following shall apply: (a) If the degree or percentage of negligence attributable to the person suffering injury, death, or loss is equal to or greater than fifty-one percent, then the person suffering injury, death, or loss shall not be entitled to recover damages. (b) If the degree or percentage of negligence attributable to the person suffering injury, death, or loss is less than fifty-one percent, then the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss. B. The provisions of Paragraph A shall apply to any claim for recovery of damages for injury, death, or loss asserted under any law or legal doctrine or theory of liability, regardless of the basis of liability.

Art. 2324. Liability as solidary or joint and divisible obligation A. He who conspires with another person to commit an intentional or willful act is answerable, in solido, with that person, for the damage caused by such act. B. If liability is not solidary pursuant to Paragraph A, then liability for damages caused by two or more persons shall be a joint and divisible obligation. A joint tortfeasor shall not be liable for more than his degree of fault and shall not be solidarily liable with any other person for damages attributable to the fault of such other person, including the person suffering injury, death, or loss, regardless of such other person's insolvency, ability to pay, degree of fault, immunity by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable. C. Interruption of prescription against one joint tortfeasor is effective against all joint tortfeasors.

A. In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity by statute, including but not limited to the provisions of R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable. If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.

damages allocation in US-LA is governed by La. Civ. Code art. 2323.

Damages Allocation in Louisiana

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Damages Allocation in Louisiana

Governing authority