Louisiana 2022 Regular Session

Louisiana House Bill HB13

Introduced
1/20/22  
Refer
1/20/22  
Refer
1/20/22  

Caption

Provides for a prescriptive period for delictual actions for damages arising from the operation of a vehicle

Impact

Should HB 13 be enacted, it will significantly impact individuals seeking to file tort actions related to vehicle accidents. By extending the deadline for claims, the legislation is expected to facilitate improved access to justice for individuals harmed in such incidents, particularly those who may need more time to understand their injuries or gather necessary documentation. Additionally, it aims to clarify the definition of a 'vehicle' encompassing all motorized transport and certain aerial and aquatic vessels, thus broadening the scope of liability applicable to various transport modes.

Summary

House Bill 13 aims to revise the civil legal framework governing delictual actions related to motor vehicle use in Louisiana. This bill extends the prescriptive period for filing tort claims from one year to two years for damages arising from the operation or control of a vehicle. The change is designed to offer claimants additional time to gather evidence and pursue legal action after experiencing injury or damage before the statute of limitations would bar their claims. This proposed law would apply specifically to incidents that occur after the bill's enactment, ensuring that pending cases are not adversely affected by the new timeline.

Sentiment

Discussion surrounding HB 13 has been generally supportive among legislators concerned with ensuring adequate recourse for victims of vehicular accidents. Proponents of the bill argue that the extension aligns with public interest by enabling those injured sufficient time to file for damages, thereby creating a sense of fairness in the legal process. Conversely, opponents may raise concerns about potential increases in litigation or insurance costs, as the expanded timeframe might encourage more claims being filed, thus prompting a broader discussion on the implications for the liability and insurance sectors.

Contention

Notable points of contention include the potential impact on insurance rates and the overall landscape of tort reform in Louisiana. Critics may argue that while extending the prescriptive period is beneficial for victims, it could inadvertently lead to higher costs for insurers, which may ultimately be passed on to consumers. Additionally, the clarity of definitions provided in the law, particularly regarding what constitutes a vehicle, will be crucial for ensuring no ambiguity arises in future litigations, which could emerge as a debate point among stakeholders.

Companion Bills

No companion bills found.

Previously Filed As

LA HB1089

Creates CARE Accounts for certain damages arising from delictual actions

LA SB2

Extends prescriptive period for certain delictual actions from one to two years. (1/1/21) (OR SEE FISC NOTE GF EX)

LA HB443

Provides relative to certain notifications in delictual actions

LA HB291

Provides relative to prescriptive periods for wrongful death and survival actions

LA HB1046

AN ACT Relating to protecting the vulnerable by providing immunity from civil liability for damage to a motor vehicle arising from the rescue of vulnerable persons or domestic animals;

LA SB131

Clarify compensatory damages for damaged vehicles

LA SB209

Provides for recoverable damages and medical expenses for personal injury from a motor vehicle accident. (8/1/25)

LA SB400

Provides relative to prescriptive periods for disavowal of paternity actions. (8/1/26)

LA HB409

Provides for the prescriptive period for certain actions for abuse of a minor

LA HB247

Eliminate damages for injuries and death arising from dueling

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