HB 450 (Act 18) repeals the Housley presumption in Louisiana personal injury law, significantly raising the burden of proof for plaintiffs. It took effect on May 28, 2025.

Here's what that means in detail:

⚖️ What HB 450 (Act 18) Changes

•             Repeal of the Housley Presumption: For over 30 years, Louisiana courts assumed that if a person had no prior documented injuries, any new injuries were presumed to be caused by an accident. This was known as the Housley presumption, stemming from the 1991 case Housley v. Cerise.

•             New Burden of Proof: Under Act 18, plaintiffs must now affirmatively prove that their injuries were caused by the accident. This requires medical documentation, expert testimony, and strong evidence linking the incident to the injuries.

•             Scope of the Law: The change applies to personal injury cases governed by tort law, but does not affect claims under Louisiana Workers' Compensation Law.

⚖️ Key Impacts of HB 450 (Act 18)

1.                  Higher Burden of Proof for Plaintiffs

• Before: If a plaintiff had no prior injury history, courts presumed their injuries were caused by the accident.
• Now: Plaintiffs must affirmatively prove causation—that the accident directly caused their injuries—using medical records, expert testimony, and other evidence.

2. More Emphasis on Medical Documentation

• Plaintiffs must show clear, consistent medical evidence linking the injury to the incident.
• Gaps in treatment or lack of immediate medical attention may now weaken a case.

3. Increased Role of Expert Witnesses

• Medical experts will be more critical in establishing causation.
• Defense attorneys may challenge causation more aggressively, requiring plaintiffs to counter with expert analysis.

4. Potential for Lower Settlements or Dismissals

• Without the presumption, insurers and defense counsel may offer smaller settlements or push for dismissal if causation is unclear.
• Plaintiffs with pre-existing conditions or delayed symptoms may face tougher scrutiny.

📅 Timeline and Legislative Action

•             HB 450 passed both chambers of the Louisiana Legislature with amendments and was signed into law by Governor Jeff Landry.

•             It officially became Act No. 18 and went into effect on May 28, 2025.

🧠 Why It Matters

•             For plaintiffs: You can no longer rely on the absence of prior injuries to prove causation. You must build a stronger case from the start.

•             For defense attorneys and insurers: The repeal allows more aggressive challenges to causation, potentially reducing liability and damages.

•             For courts: This shifts how injury cases are litigated, likely increasing the role of expert witnesses and medical records.

If you're involved in a personal injury case in Louisiana, this law could significantly affect your strategy and outcome. Legal professionals now need to prepare more robust evidence to meet the new standards. Give us a call at (504) 837 – 2263 to speak to our law experts.

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