Louisiana Revised Statutes 23:1104 – Quantification of employer fault
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Terms Used In Louisiana Revised Statutes 23:1104
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
In a suit brought pursuant to La. Rev. Stat. 23:1101, the fault of persons immune from suit in tort under La. Rev. Stat. 23:1032 shall be assessed as a percentage of the aggregate fault of all persons causing or contributing to the employee’s injury, and the fault so assessed shall not be reallocated to any other person or party. The recovery had in such a suit by the employer or any other person having paid or having become obligated to pay compensation shall be reduced by the fault so assessed. This reduction is in addition to but not duplicative of any reduction made pursuant to Civil Code Articles 2323, 2324, and 2324.2 and La. Rev. Stat. 23:1101(B).
Acts 1996, 1st Ex. Sess., No. 15, §1.