On January 1, 2026, Louisiana closed the chapter on its long‑standing pure comparative fault system and moved to a modified approach that bars recovery once a plaintiff is found 51% at fault. With this shift, the Legislature has reshaped the way we evaluate responsibility and damages in personal injury, wrongful death, and other tort matters. The amendment to Civil Code article 2323 may look simple on paper, but in practice it marks a significant recalibration of how fault will be argued, allocated, and ultimately valued in courts and negotiations across the state.
From Pure Comparative Fault to a 51% Bar: What’s the Difference?
Under the new modified comparative fault rule:
- Incidents that occur on or after January 1, 2026 are governed by the new modified comparative fault rule.
- Incidents that happened before that date remain under the former pure comparative fault system, even if the lawsuit is filed later and still timely.
- For cases that fall near the transition date, this timing distinction will play a meaningful role in how the claim is evaluated and litigated.
This aligns Louisiana with the majority of U.S. jurisdictions that use some form of modified comparative fault. the 51% bar rule raises the stakes in fault allocation. Even a small shift in percentages can determine whether a plaintiff recovers anything at all.
Which Cases Are Affected?
The new rule applies to:
- Injuries that occur on or after January 1, 2026.
The prior pure comparative fault system still governs:
- Accidents occurring before January 1, 2026 — even if the lawsuit is filed later, as long as the claim is timely.
This distinction will matter significantly for cases straddling the transition period.
Why This Change Matters for Plaintiffs and Practitioners
The 51% bar rule raises the stakes in fault allocation. Even a small shift in percentages can determine whether a plaintiff recovers anything at all.
For plaintiffs:
- Cases with disputed liability become riskier.
- Injured individuals who appear initially “more at fault” may struggle to find counsel willing to invest in the case.
- Early investigation becomes even more critical to preserve evidence and shape the narrative of fault.
For defense counsel:
- The incentive to push plaintiffs over the 50% threshold becomes stronger.
- Fault apportionment will likely become a central battleground in negotiations and at trial.
For the courts:
- Expect more pre‑trial litigation over fault allocation.
- Expect more motions challenging sufficiency of evidence on fault.
A Shift With Historical Weight
Louisiana’s approach to fault has shifted more than once, moving from contributory negligence to pure comparative fault and now to a modified system that draws a firm line at 51%. The most recent change, part of a broader tort reform effort in 2025, signals a clear policy decision: claims where plaintiffs carry most of the responsibility will face tighter limits on recovery.
Practical Example
If a plaintiff suffers $100,000 in damages:
- Under the old system:
If they were 75% at fault, they could still recover $25,000. - Under the new system:
If they are 51% at fault, they recover nothing.
If they are 40% at fault, they recover 60% of their damages.
The math has not changed — but the threshold has.
Final Thoughts
This reform will reshape the landscape of personal injury and tort litigation in Louisiana. For practitioners, it demands sharper early‑stage investigation, more rigorous fault analysis, and careful client counseling. For injured individuals, it underscores the importance of understanding how fault is determined.
For more information, contact Liskow attorney Cherrell Taplin or visit Liskow’s Alternative Dispute Resolution page.
As of January 1, 2026, Louisiana has officially transitioned from a "pure" comparative fault system to a modified comparative fault system with a 51% bar rule.