Louisiana Revised Statutes 40:1098.5 – Civil actions; remedies
Terms Used In Louisiana Revised Statutes 40:1098.5
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Venue: The geographical location in which a case is tried.
A. Notwithstanding any other provision of law to the contrary, a person who has been harmed as a result of acts which are prohibited by this Part or who has been subjected to acts which are prohibited by this Part with or without consent shall have a cause of action for damages in a court of competent jurisdiction.
B. The cause of action for damages shall be commenced before the later of either of the following:
(1) The lapse of a twelve-year liberative prescription once the minor reaches the age of majority.
(2) Within three years from the time the person discovered or reasonably should have discovered that the injury or damages were caused by the violation.
C. Venue pursuant to this Section may be brought pursuant to Code of Civil Procedure Article 42 or in the parish of domicile of the petitioner.
D.(1) If a court finds that a person is entitled judgment pursuant to this Section, the court shall award damages, attorney fees, and all costs of the proceeding against the defendant for violation of this Part.
(2) Damages awarded by the court pursuant to this Section may include but are not to be limited to damages for infertility or sterility that is suffered by the minor as a result of the acts prohibited by this Part.
E. Consent shall not operate as a defense to a petitioner’s claim that is filed pursuant to this Section.
Acts 2023, No. 466, §1, eff. Jan. 1, 2024.
NOTE: Former La. Rev. Stat. 40:1098.5 redesignated as La. Rev. Stat. 40:1079.15 by HCR 84 of 2015 R.S.