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Louisiangirl

Statute of Limitations in Louisiana

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To the best of my knowledge, no one from Louisiana posts here regularly, which is important because Louisiana law, unlike the law of every other state, derives from the French civil law system rather than the English common law system.  Among other things, that means that Louisiana laws use a lot of terminology that is foreign to folks in other states.

 

Section 3492 of the Louisiana Civil Code says as follows:  "Delictual actions are subject to a liberative prescription of one year.  This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage."

 

I have no idea what the bolded terms mean, but I do know that "prescription" is the term that is used in Louisiana to refer to a statute of limitations.  I also know that the general prescription/SOL for personal injury cases is one year from the date of the injury.  There are multiple ways to interpret section 3492.  One possible way is that everything after the word "interdicts" applies only to "interdicts" and does not apply to minors.  If that's the case, then it means that, in any case involving an injury to a minor, the SOL doesn't start to run until the minor turns 18.

 

I suggest that, if this is more than idle curiosity for you, you consult with a local attorney ASAP.

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