Pre-Injury Liability Waivers in Louisiana
Likelihood of Enforcement: Extremely Low
Since 1985, waivers which exclude or limit liability for physical injury as well as those which limit liability for intentional or gross negligence have been prohibited by statute in Louisiana.
While the article was first added to the Code in 1985, it did not change the law, but merely made explicit a principle found elsewhere in the code. La. Civ. Code Ann. art. 2004 (comment a). Louisiana claims that such waivers are void against public policy as “the overriding principle of good faith would be destroyed if it were possible to contract away liability for fraud.” id.
The relevant section of the Louisiana Civil Code reads:
Art. 2004. Clause that excludes or limits liability:
“Any clause is null that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party.
Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party.”
Last updated: 12/2018
This assessment of the enforceability of waivers has been prepared by non-lawyer law students and does not constitute legal advice.