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Louisiana

Negligence Doctrine: Pure Comparative Negligence

Circuit # 5

Med Pay Subrogation - Yes

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 5 years
Breach of Contract (Written) 10 years
Personal Property 1 years
Personal Injury 1 years
Warranty 1 or 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - NO


Deductible Reimbursement

Dollar One (Insured Made Whole) State (if tortfeasor has insufficient insurance or assets) & Undecided/ Pro Rata Default
 

L.S.A.-C.C. Art. 1826, 1827
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

Uses the federal wage garnishment guidelines. Wage garnishments are effective immediately upon service of the garnishment on the employer. The amount withheld is 25% of disposable income. 401K or other retirement funds are not counted as disposable income. Deductions are to be withheld from every paycheck and are remitted by the employer at least monthly. The garnishment stays in effect until the full balance due is paid, including all attorney’s fees, interest, court costs and so forth
 


Parental Responsibility

Minor (Under 18) Residing with Parents
Dollar Limit on Parents’ Liability: Unlimited
Responsible for damage caused by their child
 


Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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