This bill amends 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 previous language that stated damages would be reduced based on the injured party's negligence has been replaced with a new framework: if the injured party's negligence is equal to or greater than fifty-one percent, they will not be entitled to recover damages; if it is less than fifty-one percent, their recoverable damages will be reduced proportionally.

Additionally, the newly enacted Article 2323(D) mandates that juries be instructed on the implications of this comparative fault system when the issue is presented to them. The bill is set to take effect on January 1, 2026, thereby providing a clear guideline for how damages are assessed in cases involving comparative fault in Louisiana.