This bill enacts a new provision in the Louisiana Code of Evidence, specifically Article 306.1, which addresses the presumption of causation in personal injury claims. It establishes that, in claims not raised under the Louisiana Workers' Compensation Law, the absence of a prior history of an illness, injury, or condition does not create a presumption that the current illness, injury, or condition was caused by the act that is the subject of the claim. This change aims to clarify the legal standards surrounding causation in personal injury cases.
Additionally, the bill explicitly states the legislature's intent to overrule the precedent set by the case Housley v. Cerise, 579 So. 2d 973 (La. 1991). The provisions of this Act are designed to apply prospectively, meaning they will not affect causes of action that arose before the effective date of the Act. The Act will take effect upon the governor's signature or, if not signed, after the designated period for bills to become law without signature.