New Orleans - Louisiana's Duty - Risk Test for Tort Liability
The Duty / Risk Test in Louisiana Tort and Liability Law
“Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” - La. Civ. Code art. 2315
Louisiana differs slightly from most states in how it handles the issue involved in a negligence claim.
- Where most states look at whether the party at fault had a duty to the injured person and whether that duty was breached, Louisiana uses a balancing test called the Duty / Risk test to determine if there was a duty and if it was breached.
- This test balances the likelihood of the occurrence of the type of injury which occurred with the difficulty and cost in preventing it.
- From this, a court determines the level of duty that was owed to the injured person.
- The court will then be able to ask whether the Defendant owed a duty to protect against the specific risk and injury that actually occurred. In other words, were the risk and harm caused within the scope of protection afforded by the duty breached?
- If a court finds that the Defendant should have been trying to prevent this type of injury (that the duty existed), then the Defendant will be liable (assuming that the other elements of negligence are met).
A qualified New Orleans Louisiana Personal Injury Lawyer can explain the Duty / Risk test and the elements of a negligence claim to you.
Serving clients throughout Southeastern Louisiana, including Algiers, Alma, Bridge City, Chalmette, Destrehan, Elmwood, Gretna, Harahan, Harvey, Kenner, Luling, Meraux, Marrero, Metairie, Mt. Airy, New Orleans, River Ridge, South Kenner, Slidell, St. Benedict, St. James, St. Rose, Terrytown, Westwego, and other communities in Orleans Parish.
Only an experienced New Orleans Personal Injury Attorney can tell you how the facts of your case fit with Louisiana's law. Contact your New Orleans Personal Injury Lawyer today!