Provides for limitations relative to claims for general damages. (8/1/26)

Senate Bill 361 enacts a new Article 2315.14 into the Louisiana Civil Code that imposes monetary caps on general damages awards in delictual actions, which are tort cases based on fault. The primary limitation establishes a five hundred thousand dollar ceiling on general damages regardless of how many defendants are sued or how many separate actions are brought. The statute creates a higher threshold of one million dollars for cases where the trier of fact determines that a claimant has suffered a permanent mental injury that severely impairs employment capacity or the ability to maintain a reasonable standard of living. The statute explicitly preserves the mechanism that general damages limits apply per claim and per injured party, not in aggregate across multiple parties or proceedings.

The practical effect of this legislation is to restrict the compensation available to tort victims in Louisiana for non-economic losses such as pain and suffering, emotional distress, and loss of enjoyment of life. Plaintiffs in personal injury cases will now face statutory caps on what juries or judges can award for these subjective harms unless specific exceptions apply. Defendants and their insurers will benefit from reduced exposure to damages in routine negligence cases, potentially lowering insurance costs and litigation risks. Trial lawyers representing injured parties will need to restructure damage arguments and settlement negotiations around these new ceilings, affecting litigation strategy across medical malpractice, automobile accidents, premises liability, and other tort contexts.

Senate Bill 361 operates within Louisiana's existing delictual liability framework established primarily in Civil Code Articles 2315 through 2322, which govern fault-based tort liability and damages. The statute creates exceptions that preserve unlimited general damages awards when claimants suffer permanent and severe physical injuries meeting specific criteria, including disfigurement, limb loss, major organ impairment, or incapacity for self-care, as well as when tortfeasors act with intentional or malicious conduct proven by clear and convincing evidence. This legislation addresses non-economic damages only, leaving special damages for economic losses like medical expenses and lost wages unaffected by the caps. The statute's interaction with Louisiana's civil law tradition, which differs from common law jurisdictions, and its potential constitutional implications regarding due process and jury trial rights remain subject to judicial interpretation.