Two Louisiana laws that took effect on January 1, 2026, are changing how personal injury cases are evaluated and resolved across the state. One rewrites the rules on shared fault. The other limits the medical expenses a jury is allowed to see. Anyone hurt in a fall on someone else’s property should understand how both changes affect their claim.
The New 51 Percent Fault Bar
For decades, Louisiana followed a pure comparative fault system. An injured person could recover damages even while bearing most of the blame, with the award reduced by their share of fault.
That rule is gone. Under the amended Louisiana Civil Code Article 2323, a plaintiff found 51 percent or more at fault recovers nothing at all. A plaintiff found 50 percent or less at fault can still recover, with damages reduced in proportion to their share of responsibility.
The practical effect is stark. In a close case, the difference between a 50 percent finding and a 51 percent finding is now the difference between partial compensation and zero.
New Limits on Medical Expense Evidence
The second change concerns the medical bills a jury may consider. Under the amended Louisiana Revised Statute 9:2800.27, recoverable medical expenses in many injury cases are now limited to the amounts actually paid by health insurers, Medicare, or Medicaid, rather than the higher amounts billed by providers. Out-of-pocket costs such as deductibles and co-pays may still be included.
Billed amounts often exceed what providers ultimately accept as payment, so this change is expected to reduce medical damage awards in many cases. The statute does not apply universally, and certain claims are governed by separate rules, which makes early review of how it applies to a particular case worthwhile.
Why Slip and Fall Cases Feel These Changes Most
Fault allegations sit at the center of nearly every premises liability dispute. Property owners and their insurers routinely argue that the injured person caused the fall, and the new 51 percent bar gives those arguments far more power than they carried a year ago. Common defense claims now carry higher stakes:
- The hazard was open and obvious, and the person should have seen it
- The person was looking at a phone or otherwise distracted
- Footwear or walking speed contributed to the fall
- The person chose a wet or obstructed path when another route existed
These arguments existed before 2026. What changed is the consequence. Pushing an injured person’s assessed fault past the halfway mark now eliminates the claim entirely, so insurers have every incentive to build that narrative from day one.
Louisiana law already places a demanding burden on fall victims. Under Louisiana Revised Statute 9:2800.6, a person injured in a fall on a merchant’s premises must prove the condition presented an unreasonable risk of harm, that the merchant created or had notice of it, and that the merchant failed to exercise reasonable care. Stacking the new fault bar on top of that burden makes thorough evidence gathering more important than it has ever been.
A New Orleans, LA slip and fall lawyer can secure surveillance footage, incident reports, inspection logs, and witness statements before they disappear, then counter the shared-fault narrative with facts rather than assumptions.
Protect Your Claim Under the New Rules
If you were injured in a fall on commercial or residential property, the 2026 changes make careful preparation and prompt action more valuable, not less. A New Orleans slip and fall lawyer can evaluate how the new fault standard and medical expense rules apply to your situation and build the record your claim requires. The attorneys at Kiefer & Kiefer have handled premises liability cases across the New Orleans area for decades, and we are ready to review what happened. Contact our office to discuss your case.
