Title 9, Civil Code-Ancillaries
0 chapters · 2,355 sections in this title.
La. Rev. Stat. § 9:2799.3 Limitation of liability of restaurants, schools, churches, civic organizations, and certain food donors for damages from donated food
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§2799.3. Limitation of liability of restaurants, schools, churches, civic organizations, and certain food donors for damages from donated food No person shall have a cause of action against a restaurant, church, civic organization, or school, or against any individual, farmer, ma…
La. Rev. Stat. § 9:2799.4 Liability for unauthorized release of certain animals, birds, or aquatic species
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§2799.4. Liability for unauthorized release of certain animals, birds, or aquatic species A. Any person who, without permission from the owner or agent in possession, releases or attempts to release an animal, a bird, or an aquatic species which has been lawfully confined for agr…
La. Rev. Stat. § 9:2799.5 Limitation of liability for gratuitous service by a health care provider in a community
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§2799.5. Limitation of liability for gratuitous service by a health care provider in a community health care clinic or community pharmacy A. The Legislature of Louisiana finds that the lack of affordable health care and medication is a health threat to the citizens of Louisiana. …
La. Rev. Stat. § 9:2799.6 Limitation of liability for damages from long-term consumption of food and nonalcoholic beverages
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§2799.6. Limitation of liability for damages from long-term consumption of food and nonalcoholic beverages A. Any manufacturer, distributor, or seller of a food or nonalcoholic beverage intended for human consumption shall not be subject to civil liability for personal injury or …
La. Rev. Stat. § 9:2800 Limitation of liability for public bodies
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§2800. Limitation of liability for public bodies A. A public entity is responsible under Civil Code Article 2317 for damages caused by the condition of buildings within its care and custody. B. Where other constructions are placed upon state property by someone other than the sta…
La. Rev. Stat. § 9:2800.1 Limitation of liability for loss connected with sale, serving, or furnishing of alcoholic beverages
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§2800.1. Limitation of liability for loss connected with sale, serving, or furnishing of alcoholic beverages A. The legislature finds and declares that the consumption of intoxicating beverages, rather than the sale or serving or furnishing of such beverages, is the proximate cau…
La. Rev. Stat. § 9:2800.10 Immunity from liability for injuries sustained while committing a felony offense
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§2800.10. Immunity from liability for injuries sustained while committing a felony offense A. No person shall be liable for damages for injury, death, or loss sustained by a perpetrator of a felony offense during the commission of the offense or while fleeing the scene of the off…
La. Rev. Stat. § 9:2800.11 Limitation of liability; municipal or parish airport authority; parked aircraft
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§2800.11. Limitation of liability; municipal or parish airport authority; parked aircraft Notwithstanding any other provision of law to the contrary, except in the parishes of Bossier, Caddo, Jefferson, Orleans, Ouachita, and East Baton Rouge, no municipal or parish airport autho…
La. Rev. Stat. § 9:2800.12 Liability for unlawful termination of a pregnancy
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§2800.12. Liability for unlawful termination of a pregnancy A. The mother of the unborn child shall have a right and cause of action for damages pursuant to this Section against any person or entity as provided herein who knowingly performs or substantially facilitates an abortio…
La. Rev. Stat. § 9:2800.13 Violation of transportation statute or regulation; determination of causation; evidence
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§2800.13. Violation of transportation statute or regulation; determination of causation; evidence In the trial of any action to recover damages for personal injury, death, or property damages sustained by any party, in which action it is alleged that an owner, agent, shipper, tra…
La. Rev. Stat. § 9:2800.14 Limitation of liability for damages to oyster leases
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§2800.14. Limitation of liability for damages to oyster leases Oil companies, including drilling, exploration, production, pipeline, and marine contractors, and persons performing related services who cause any loss or damage to oyster leases from exploration, excavation, constru…
La. Rev. Stat. § 9:2800.15 Limitation of liability for commercial and marine contractors, architects, and engineers, and persons licensed by the Louisiana Manufactured Housing Commission; mold and mold damage
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§2800.15. Limitation of liability for commercial and marine contractors, architects, and engineers, and persons licensed by the Louisiana Manufactured Housing Commission; mold and mold damage A. Unless the parties otherwise agree in writing, no commercial or marine contractor, ar…
La. Rev. Stat. § 9:2800.16 Limitation of liability; Louisiana Public Defender Oversight Board members
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§2800.16. Limitation of liability; Louisiana Public Defender Oversight Board members No individual member of the Louisiana Public Defender Oversight Board is personally liable for any act or omission resulting in damage, injury, or loss arising out of the exercise of his official…
La. Rev. Stat. § 9:2800.17 Liability for the diminution in the value of a damaged vehicle
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§2800.17. Liability for the diminution in the value of a damaged vehicle Whenever a motor vehicle is damaged through the negligence of a third-party without being destroyed, and if the owner can prove by a preponderance of the evidence that, if the vehicle were repaired to its pr…
La. Rev. Stat. § 9:2800.18 Limitation of liability for volunteer medical transportation pilots
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§2800.18. Limitation of liability for volunteer medical transportation pilots No person acting as a volunteer pilot for Angel Flight or other similar nonprofit organization providing gratuitous transportation for a child or his family to hospital facilities for medical treatment …
La. Rev. Stat. § 9:2800.19 Limitation of liability for use of force in defense of certain crimes
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§2800.19. Limitation of liability for use of force in defense of certain crimes A. A person who uses reasonable and apparently necessary or deadly force or violence for the purpose of preventing a forcible offense against the person or his property in accordance with R.S. 14:19 o…
La. Rev. Stat. § 9:2800.2 Psychologist, psychiatrist, marriage and family therapist, licensed professional
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§2800.2. Psychologist, psychiatrist, marriage and family therapist, licensed professional counselor, and social worker; limitation of liability A. When a patient has communicated a threat of physical violence, which is deemed to be significant in the clinical judgment of the trea…
La. Rev. Stat. § 9:2800.20 Limitation of liability for a nonprofit health care quality improvement corporation; health care providers; health plans; reporting and disclosure of information
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§2800.20. Limitation of liability for a nonprofit health care quality improvement corporation; health care providers; health plans; reporting and disclosure of information A. A nonprofit health care quality improvement corporation which complies and functions in accordance with R…
La. Rev. Stat. § 9:2800.21 Limitation of liability for curators and undercurators; acts of interdicts
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§2800.21. Limitation of liability for curators and undercurators; acts of interdicts A curator or an undercurator who performs the duties and obligations of his office without compensation shall not be personally liable for any injury, death, damage, civil penalty, or other loss …
La. Rev. Stat. § 9:2800.22 Limitation of liability for use of school facilities
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§2800.22. Limitation of liability for use of school facilities A. The governing authority of an elementary or secondary school or charter school who enters into a recreational joint-use agreement for use of its facility owes no duty of care to keep such premises safe for entry or…
La. Rev. Stat. § 9:2800.23 Limitation of liability for damages caused by persons with developmental
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§2800.23. Limitation of liability for damages caused by persons with developmental disabilities A. Notwithstanding the provisions of Civil Code Articles 225, 2317, or 2318, a parent, tutor, or curator of a student with developmental disabilities shall not be liable for any damage…
La. Rev. Stat. § 9:2800.24 Limitation of liability for granting voluntary right of passage to enclosed
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§2800.24. Limitation of liability for granting voluntary right of passage to enclosed cemetery A. The owner of property adjoining an enclosed cemetery who grants a voluntary right of passage to persons who desire to have access to the enclosed cemetery shall not be liable for any…
La. Rev. Stat. § 9:2800.25 Limitation of liability for COVID-19
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§2800.25. Limitation of liability for COVID-19 A. No natural or juridical person, state or local government, or political subdivision thereof shall be liable for any civil damages for injury or death resulting from or related to actual or alleged exposure to COVID-19 in the cours…
La. Rev. Stat. § 9:2800.26 Nonprofit limitation of liability; disclosure of certain information to prospective
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§2800.26. Nonprofit limitation of liability; disclosure of certain information to prospective employer A. A nonprofit organization or employee thereof shall not be held liable for disclosing in good faith to a prospective employer information about a former employee of the organi…
La. Rev. Stat. § 9:2800.27 Recoverable past medical expenses; collateral sources; limitations; evidence
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§2800.27. Recoverable past medical expenses; collateral sources; limitations; evidence A. For the purpose of this Section: (1) "Contracted medical provider" means any in-network medical provider that has entered into a contract or agreement directly with a health insurance issuer…
La. Rev. Stat. § 9:2800.28 Limitation of liability for veterinary professionals who report animal cruelty
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§2800.28. Limitation of liability for veterinary professionals who report animal cruelty A. Any veterinarian licensed by the state or veterinary technician licensed by the state who reports in good faith and has reasonable belief that an animal has been the subject of a violation…
La. Rev. Stat. § 9:2800.29 Liability for publishers and distributors of material harmful to minors
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§2800.29. Liability for publishers and distributors of material harmful to minors A. The provisions of this Section are intended to provide a civil remedy for damages against commercial entities who distribute material harmful to minors. As recognized in House Concurrent Resoluti…
La. Rev. Stat. § 9:2800.3 Limitation of liability of persons designing, supervising or performing hazardous waste mitigation, abatement, or cleanup and asbestos removal, abatement, or cleanup services
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§2800.3. Limitation of liability of persons designing, supervising or performing hazardous waste mitigation, abatement, or cleanup and asbestos removal, abatement, or cleanup services A. There shall be no liability on the part of duly authorized personnel of a state approved educ…
La. Rev. Stat. § 9:2800.30 Limitation of liability of a public entity for false imprisonment of an offender
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§2800.30. Limitation of liability of a public entity for false imprisonment of an offender sentenced to a term of imprisonment A. Definitions For purposes of this Section: (1) "Bona fide termination" means that the underlying proceeding is brought to a conclusion on the merits an…
La. Rev. Stat. § 9:2800.31 Aerospace flight entities and activities; limitation of liability
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§2800.31. Aerospace flight entities and activities; limitation of liability A. For purposes of this Section, the following definitions apply: (1) "Aerospace flight activities" mean any act or activity related to the research, development, testing, manufacture, preparation, launch…
La. Rev. Stat. § 9:2800.32 Aerospace flight entities; motion to strike; legislative findings
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§2800.32. Aerospace flight entities; motion to strike; legislative findings A.(1) The legislature finds and declares that aerospace flight activities are a public issue. (2) The legislature finds and further declares that aerospace flight activities are a sector of identified sta…
La. Rev. Stat. § 9:2800.4 Limitation of liability of owner of farm or forest land; owner of oil, gas, or mineral property
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§2800.4. Limitation of liability of owner of farm or forest land; owner of oil, gas, or mineral property A. As used in this Section: (1) "Owner" means the owner and also a tenant, lessee, occupant, or person in control of any farm or forest land or in control of any oil, gas, or …
La. Rev. Stat. § 9:2800.5 Immunity from liability for owners of block safe-houses
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§2800.5. Immunity from liability for owners of block safe-houses A. Any owner of a block safe-house shall not be liable for damages for injury, death, or loss to a child using the home under approved guidelines adopted by local authorities as a safe-house or for any act or omissi…
La. Rev. Stat. § 9:2800.51 Short title
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§2800.51. Short title This Chapter shall be known and may be cited as the "Louisiana Products Liability Act." Acts 1988, No. 64, §1, eff. Sept. 1, 1988.
La. Rev. Stat. § 9:2800.52 Scope of this Chapter
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§2800.52. Scope of this Chapter This Chapter establishes the exclusive theories of liability for manufacturers for damage caused by their products. A claimant may not recover from a manufacturer for damage caused by a product on the basis of any theory of liability that is not se…
La. Rev. Stat. § 9:2800.53 Definitions
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§2800.53. Definitions The following terms have the following meanings for the purpose of this Chapter: (1) "Manufacturer" means a person or entity who is in the business of manufacturing a product for placement into trade or commerce. "Manufacturing a product" means producing, ma…
La. Rev. Stat. § 9:2800.54 Manufacturer responsibility and burden of proof
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§2800.54. Manufacturer responsibility and burden of proof A. The manufacturer of a product shall be liable to a claimant for damage proximately caused by a characteristic of the product that renders the product unreasonably dangerous when such damage arose from a reasonably antic…
La. Rev. Stat. § 9:2800.55 Unreasonably dangerous in construction or composition
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§2800.55. Unreasonably dangerous in construction or composition A product is unreasonably dangerous in construction or composition if, at the time the product left its manufacturer's control, the product deviated in a material way from the manufacturer's specifications or perform…
La. Rev. Stat. § 9:2800.56 Unreasonably dangerous in design
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§2800.56. Unreasonably dangerous in design A product is unreasonably dangerous in design if, at the time the product left its manufacturer's control: (1) There existed an alternative design for the product that was capable of preventing the claimant's damage; and (2) The likeliho…
La. Rev. Stat. § 9:2800.57 Unreasonably dangerous because of inadequate warning
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§2800.57. Unreasonably dangerous because of inadequate warning A. A product is unreasonably dangerous because an adequate warning about the product has not been provided if, at the time the product left its manufacturer's control, the product possessed a characteristic that may c…
La. Rev. Stat. § 9:2800.58 Unreasonably dangerous because of nonconformity to express warranty
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§2800.58. Unreasonably dangerous because of nonconformity to express warranty A product is unreasonably dangerous when it does not conform to an express warranty made at any time by the manufacturer about the product if the express warranty has induced the claimant or another per…
La. Rev. Stat. § 9:2800.59 Manufacturer knowledge, design feasibility and burden of proof
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§2800.59. Manufacturer knowledge, design feasibility and burden of proof A. Notwithstanding R.S. 9:2800.56, a manufacturer of a product shall not be liable for damage proximately caused by a characteristic of the product's design if the manufacturer proves that, at the time the p…
La. Rev. Stat. § 9:2800.6 Burden of proof in claims against merchants
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§2800.6. Burden of proof in claims against merchants A. A merchant owes a duty to persons who use his premises to exercise reasonable care to keep his aisles, passageways, and floors in a reasonably safe condition. This duty includes a reasonable effort to keep the premises free …
La. Rev. Stat. § 9:2800.60 Liability of manufacturers and sellers of firearms
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§2800.60. Liability of manufacturers and sellers of firearms A. The legislature finds and declares that the Louisiana Products Liability Act was not designed to impose liability on a manufacturer or seller for the improper use of a properly designed and manufactured product. The …
La. Rev. Stat. § 9:2800.61 Title; legislative intent
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§2800.61. Title; legislative intent A. This Chapter shall be known and may be cited as the "Louisiana Drug Dealer Liability Act". B. The purpose of this Chapter is to provide a civil remedy for damages to persons in a community injured by an individual's use of illegal controlled…
La. Rev. Stat. § 9:2800.62 Definitions
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§2800.62. Definitions As used in this Chapter, unless the context requires otherwise: (1) "Controlled substance" means a controlled dangerous substance as defined and covered by the Uniform Controlled Dangerous Substances Law, R.S. 40:961 et seq. (2) "Illegal controlled substance…
La. Rev. Stat. § 9:2800.63 Action for damages by persons other than the individual user
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§2800.63. Action for damages by persons other than the individual user A. Any one or more of the following persons may bring an action for damages caused by an individual's use of an illegal controlled substance against those persons enumerated in Subsection B of this Section: (1…
La. Rev. Stat. § 9:2800.64 Action by individual users
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§2800.64. Action by individual users A. An individual user is entitled to bring an action for damages caused by the use of an illegal controlled substance only if all of the following conditions are met: (1) Not less than six months before filing the action, the individual person…
La. Rev. Stat. § 9:2800.65 Third parties not liable; nonassignment of cause of action
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§2800.65. Third parties not liable; nonassignment of cause of action A. A third party shall not pay damages awarded under this Chapter or provide a defense or the cost of a defense, on behalf of an insured under an obligation of insurance or indemnification. B. A cause of action …
La. Rev. Stat. § 9:2800.66 Level of offense; amount of liability
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§2800.66. Level of offense; amount of liability Any person, whose participation in the marketing of illegal controlled substances constitutes the following level of offense, shall be subject to a rebuttable presumption of responsibility in the following amounts: (1) For a level o…