This bill amends and reenacts Civil Code Article 2323(A) and enacts Civil Code Article 2323(D) to establish a modified comparative fault system in Louisiana. The revised Article 2323(A) clarifies that the degree of fault attributable to all parties involved in an injury, death, or loss will be determined, regardless of their status as parties to the action or their ability to pay. The bill introduces a new provision stating that if a person suffers injury, death, or loss partly due to their own negligence and partly due to another's fault, their ability to recover damages will depend on the percentage of their own negligence. Specifically, if their negligence is equal to or greater than fifty-one percent, they will not be entitled to recover damages; if it is less, their recoverable damages will be reduced proportionally.

Additionally, the new Article 2323(D) mandates that in cases where comparative fault is presented to a jury, the jury must be instructed on the implications of this article. The bill is set to take effect on January 1, 2026.