House Bill No. 431 proposes amendments to Civil Code Article 2323(A) to establish a modified comparative fault system in Louisiana. The bill modifies the existing law by changing the language regarding the determination of fault in cases of injury, death, or loss. Specifically, it replaces the phrase "the degree or percentage of fault of" with "the degree or percentage of fault attributable to" all parties involved, regardless of their status as a party to the action or their ability to pay. The bill also introduces a new provision stating that if a claimant's fault is less than 51%, they are entitled to recover damages proportionate to the fault of the other parties. Conversely, if the claimant's fault is 51% or greater, they will not be entitled to any recovery.

The effective date for this new law is set for January 1, 2026. The bill aims to shift from a pure comparative fault system to a modified one, which includes a 51% threshold for recovery. This change is intended to clarify the conditions under which damages can be recovered based on the claimant's level of fault. The House Committee on Civil Law and Procedure has already adopted an amendment to adjust the threshold for a plaintiff's bar to recovery from 50% to 51%.