From Presumption to Proof: Understanding Louisiana Code of Evidence Article 306.1

For more than thirty years, the Housley presumption shaped personal injury litigation in Louisiana. Since Housley v. Cerise (1991), plaintiffs who were “in good health” before an accident and developed symptoms shortly after could rely on a presumption that the accident caused the injury. That evidentiary shortcut is now gone.

As of May 28, 2025, the Legislature has replaced the presumption with a new codified rule of evidence.

The New Reality: Louisiana Code of Evidence Article 306.1

Louisiana Code of Evidence Article 306.1 now governs causation presumptions in personal injury cases. It provides:

“Notwithstanding any other provision of law, in a claim for personal injury damages that is not raised pursuant to the Louisiana Workers’ Compensation Law, the lack of a prior history of an illness, injury, or condition shall not create a presumption that an illness, injury, or condition was caused by the act that is the subject of the claim.”

This language expressly abolishes the Housley presumption. A plaintiff’s lack of prior complaints and the timing of symptoms no longer create any presumption of causation.

Three Strategic Takeaways for 2026

1. The Burden Is Squarely Back on the Plaintiff

With Article 306.1 now in effect, plaintiffs must affirmatively prove medical causation without the benefit of any presumption. Temporal proximity alone is no longer enough to carry the burden or defeat summary judgment. Medical testimony and documented clinical linkage will be required from the outset.

2. A Transitional, Not Truly Bifurcated, Landscape

Article 306.1 became effective on May 28, 2025, and—because it is a substantive change—it applies prospectively. Practically, this means:

• Claims arising before May 28, 2025 may still invoke Housley.
• Claims arising after May 28, 2025 are governed by Article 306.1.

In cases involving multiple accidents, progressive symptoms, or a course of treatment that crosses the effective date, courts will have to determine whether the injury is divisible or whether Article 306.1 governs the entire claim. Until those decisions develop, the presumption is effectively confined to older, pre‑May 28, 2025 injuries.

Importantly, Article 306.1 does not apply to workers’ compensation claims, which retain their traditional causation standards.

3. The “Double Whammy” of Louisiana’s Medical Expense Reform

The end of Housley coincides with another major reform: a new statutory framework governing recoverable medical expenses, effective January 1, 2026. Under this reform, plaintiffs generally may recover only the amounts actually paid for medical treatment, subject to limited statutory exceptions.

Together, these changes reshape exposure:

• Article 306.1 eliminates the presumption that the plaintiff’s injury/illness was caused by the alleged tort, thereby requiring the plaintiff to affirmatively prove medical causation. The medical expense reforms reduce recoverable medical damages even when causation is established.

For defendants and insurers, this combination materially lowers risk. For plaintiffs, it raises both the evidentiary and economic hurdles.

Impact: What This Means for Litigation Strategy

These changes should influence how personal injury cases are defended, valued, and resolved:

• Stronger Summary Judgment Opportunities: Without a causation presumption, plaintiffs must produce competent admissible medical evidence early, making causation-based summary judgment motions more viable.
• Earlier Expert Involvement: Defense teams benefit from earlier medical reviews, IMEs, and expert input to challenge causation and shape discovery.
• Settlement Leverage: Higher evidentiary burdens and lower recoverable medicals can push valuations downward and strengthen defense positions in negotiation.
• Lower Case Valuations Overall: With causation harder to prove, and medical damages tied to amounts actually paid, exposure drops — especially in soft-tissue and delayed-onset injury cases.

The Practical Effects

The Housley presumption once filled gaps in medical proof and often shifted the burden toward defendants. With Article 306.1 now codified and new medical expense rules taking effect, Louisiana has entered a new era of personal injury litigation—one that demands stronger medical evidence, earlier expert involvement, and more proactive causation strategy.

The era of the “presumed injury” is over. The era of documented, defensible causation has emerged.

Notwithstanding any other provision of law…the lack of a prior history of an illness, injury, or condition shall not create a presumption that an illness, injury, or condition was caused by the act that is the subject of the claim.

www.legis.la.gov/…