NEW ORLEANS – Jones Walker LLP explains the impact of recently passed tort reform legislation in Louisiana, which is reshaping how personal injury claims are pursued by introducing stricter requirements for proving causation and imposing significant limits on damage awards. House Bill 450, which abolishes the Housley presumption for proving causation, and House Bill 431, which introduces a 51% comparative fault bar preventing recovery if a plaintiff is mostly at fault, both became law in May.
“The new Bills will impact the entirety of the legal community in Louisiana,” said Jeff Tillery, a Partner in the Maritime Practice Group at Jones Walker LLP in New Orleans. “Comparative fault and the burden of proof are two cornerstones of litigation. These Bills directly, and somewhat significantly, alter the standards for both. This will have to be accounted for when assessing each new personal injury lawsuit under state law.”
Previously, injured plaintiffs could often prove an accident caused their injuries simply by showing they were healthy before the incident. That presumption has now been eliminated.
“The new legislation relating to burden of proof does away with a presumption of causation,” said Tillery. “It used to be that a plaintiff could prove causation simply by showing a lack of injury or sickness prior to the accident in question. Now, lack of a prior condition is no longer definitive proof that a defendant was responsible, creating some new hurdles for plaintiffs to clear in bringing their claims.”
In addition to changing how plaintiffs must prove their cases, the legislation also significantly alters how damages can be recovered in personal injury lawsuits. Stephen Reynolds, an associate in the Maritime Practice Group at Jones Walker LLP, explains the new threshold.
“The new framework for determining damages creates a comparative fault threshold for recovery, so to speak. The law will no longer allow for the recovery of proportionate damages when a plaintiff is found to be so much as 51% responsible for his/her own injuries,” said Reynolds. “This will of course prevent the payout of damages to plaintiffs found to be mostly at fault for their injuries. This “50% threshold” follows the framework used by various other states, so while it may dramatically alter damage awards in Louisiana, it is not a new or particularly radical concept in the grand scheme of US law.”
Legal Implications Offshore
These changes don’t just impact accidents on Louisiana roads and highways. Because of the Outer Continental Shelf Lands Act, state laws can also influence legal disputes arising from accidents offshore, including on fixed platforms and other structures in Gulf waters.
“The Outer-Continental Shelf – meaning the submerged lands and waters beyond a state’s territorial waters – operates under federal law, rather than under the law of any adjacent state,” said Reynolds. “Under the parameters of the longstanding Outer Continental Shelf Lands Act, when federal law is silent on a particular legal issue arising on fixed platform on the Outer-Continental Shelf, the laws of the adjacent state may be used to “fill in the blanks.” In other words, state law can serve to supplement federal law when necessary, acting as “surrogate federal law.”
Tillery further explained how these changes could complicate claims offshore. “Simply beware that your case could possibly involve Louisiana state law even though it was somewhere near or on the water and a jury’s finding of 51% fault on the injured person now bars recovery totally,” he said.
He added that navigating these maritime complexities requires constant clarity. “It goes without saying that it is a niche area of law, which of course can be challenging not only to learn, but to convey to others unfamiliar with the unique concepts. There is no guarantee that a jury, corporate party, or even a judge will be familiar with maritime law, meaning maritime attorneys need to be able to astutely explain these theories essentially at all times.”
Maritime Law a Rewarding Field
“It is an easy area of law to get hooked by, especially for those who have grown up in New Orleans or on the Gulf Coast, and witnessed the size, scale, reach, and general importance of the marine industry firsthand,” said Tillery. “The international admiralty community is relatively interconnected and close-knit, which creates several opportunities to get involved in major ways, even early in an attorney’s career. I am very glad to be a part of it, and I had a professor at LSU Law, Frank Maraist, who’s enthusiasm for maritime law encouraged me.”
Tillery added that the profession offers a unique opportunity to see the results of one’s work firsthand.
“It is always rewarding to see and feel the impact of your work outside of your office space. Because of the interconnectedness of the maritime community, the impact of the work maritime attorneys do is often tangible – you can see the effects of your work in action, and relatively quickly,” said Tillery.
About Jones Walker LLP
Jones Walker LLP is a prominent national law firm that was founded in New Orleans in 1937. It has grown to more than 350 attorneys working across 13 offices in states including Louisiana, Texas, Florida, Georgia, New York, Arizona, Alabama, Kentucky, Mississippi, and Washington, D.C. Its New Orleans office remains the flagship location, housing over 150 attorneys who serve clients locally, nationally, and internationally.
The firm provides a wide range of legal services, including corporate, finance, labor and employment, energy, healthcare, real estate, technology, and a significant focus on maritime law. Its Maritime Practice Group is one of the largest in the country, handling matters related to domestic and international shipping, offshore drilling, litigation, insurance, regulatory issues, finance, and transactional work.
Jones Walker has more than 75 years of experience in maritime litigation and is nationally recognized by Chambers USA and The Legal 500 for excellence in shipping and transportation law. The firm has earned praise for its thorough, efficient, and results-oriented approach, particularly in areas such as vessel construction, personal injury, environmental issues, and insurance disputes.
In addition to its litigation strength, Jones Walker’s maritime transactional team handles complex matters like vessel financing, mergers and acquisitions, and commercial contracts, including billion-dollar deals, offshore wind projects, and Title XI financings.
The firm is also deeply committed to pro bono work and civic engagement, contributing thousands of volunteer hours each year. Jones Walker consistently receives high rankings and accolades, such as being part of the BTI Client Service A-Team and maintaining strong placements in Chambers USA and The Legal 500.
