Lousiana Savings Statute
Does Louisiana have a savings statute
Answer: They don’t appear to have a saving statute like our 12 O.S. Sec. 100. However, they have statutes which recognize “interruption” of “prescription,” which is what they call limitations. You file a lawsuit and the running of the prescription or limitation is interrupted and begins to run again when the first lawsuit terminates without disposing of the claim. You then have the rest of the prescription period to refile. See LSA-CC Art. 3462 and Art. 3463, dealing with this as well as Velasquez v. Landcoast Insulation, Inc., 999 So.2d 318 (La. App. 2008) and Jacobs v. Louisiana Farm Bureau Ins. Companies, 815 So.2d 858 (La. App. 2001). Also, you only have a one-year tort statute of limitation in Louisiana.
Posted on Sun, October 31, 2010
by Sharon Coleman filed under