Bill
Bill > HB450
summary
Introduced
04/04/2025
04/04/2025
In Committee
05/14/2025
05/14/2025
Crossed Over
04/29/2025
04/29/2025
Passed
05/28/2025
05/28/2025
Dead
Signed/Enacted/Adopted
05/28/2025
05/28/2025
Introduced Session
Potential new amendment
2025 Regular Session
Bill Summary
AN ACT To enact Code of Evidence Article 306.1, relative to the presumption of causation of injuries; to prohibit a presumption of causation in certain circumstances; to provide for exceptions; to provide for prospective application; to provide for an effective date; and to provide for related matters.
AI Summary
This bill enacts a new provision in the Louisiana Code of Evidence that addresses how prior medical history is interpreted in personal injury lawsuits outside of workers' compensation claims. Specifically, the bill prohibits courts from automatically assuming that a person's lack of prior medical records for a specific illness, injury, or condition means that the injury was caused by the incident in question. This effectively overrules a previous Louisiana Supreme Court decision (Housley v. Cerise) that may have allowed such presumptions. The bill will only apply to future legal cases arising after its effective date, which occurs when signed by the governor or when the time for gubernatorial review expires. By preventing automatic presumptions of causation, the bill aims to make personal injury litigation more balanced by requiring plaintiffs to provide more direct evidence linking the alleged incident to their specific injury.
Committee Categories
Justice
Sponsors (48)
Michael Melerine (R)*,
Beryl Amedée (R),
Tony Bacala (R),
Larry Bagley (R),
Dennis Bamburg (R),
Beau Beaullieu (R),
Stephanie Berault (R),
Beth Billings (R),
Ryan Bourriaque (R),
Chad Boyer (R),
Rhonda Butler (R),
Joshua Carlson (R),
Kim Carver (R),
Emily Chenevert (R),
Kimberly Coates (R),
Vincent Cox (R),
Raymond Crews (R),
Paula Davis (R),
Daryl Deshotel (R),
Phillip DeVillier (R),
Kellee Dickerson (R),
Jessica Domangue (R),
Michael Echols (R),
Kathy Edmonston (R),
Peter Egan (R),
Julie Emerson (R),
Gabe Firment (R),
Jay Gallé (R),
Brian Glorioso (R),
Troy Hebert (R),
Chance Henry (R),
Dodie Horton (R),
Mike Johnson (R),
Shane Mack (R),
Jack McFarland (R),
Wayne McMahen (R),
Dixon McMakin (R),
Joe Orgeron (R),
Chuck Owen (R),
Troy Romero (R),
Rodney Schamerhorn (R),
Laurie Schlegel (R),
Phil Tarver (R),
Chris Turner (R),
Debbie Villio (R),
Roger Wilder (R),
John Wyble (R),
Jerome Zeringue (R),
Last Action
Effective date: 05/28/2025. (on 05/28/2025)
Official Document
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