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What is statute of limitations in Louisiana for home service and repair related work
Posted on 11/14/24 at 11:02 am
Posted on 11/14/24 at 11:02 am
The dentist thread got me thinking because everyone said medical malpractice statute of limitations was 1 or 2 years. I assume that ranges from industry to industry.
If a lawn crew (an actual company not a guy with lawnmower knocking on doors) caused some expensive damage to my spa equipment does anyone know if there is a statute of limitations on something like that? I've tried googling and the answers I found were not very clear. Just wondering before I run out of time with it since it seems they are not willing to make it right. TIA
If a lawn crew (an actual company not a guy with lawnmower knocking on doors) caused some expensive damage to my spa equipment does anyone know if there is a statute of limitations on something like that? I've tried googling and the answers I found were not very clear. Just wondering before I run out of time with it since it seems they are not willing to make it right. TIA
5
Posted on 11/14/24 at 11:04 am to GravelLotinCanada
Can you prove they damaged it?
Posted on 11/14/24 at 11:09 am to GravelLotinCanada
ETA: I’m not a lawyer.
Prescription period.
In Louisiana, the prescription period (statute of limitations) for tort claims, including negligence, is one year from the date of the injury or damage. This is a strict deadline under Louisiana Civil Code Article 3492, meaning you have one year from the day the damage occurred to file a lawsuit. After this period, you typically lose the right to bring a claim.
ETA: correction below.
Prescription period.
In Louisiana, the prescription period (statute of limitations) for tort claims, including negligence, is one year from the date of the injury or damage. This is a strict deadline under Louisiana Civil Code Article 3492, meaning you have one year from the day the damage occurred to file a lawsuit. After this period, you typically lose the right to bring a claim.
ETA: correction below.
This post was edited on 11/14/24 at 11:55 am
Posted on 11/14/24 at 11:12 am to saturday
Yes I can prove they damaged it.
And to the poster below you, is that 3.50 years on the dot or can I go 3 years, 6 months and one day? Don't you go trying to trick me either.
And to the poster below you, is that 3.50 years on the dot or can I go 3 years, 6 months and one day? Don't you go trying to trick me either.
Posted on 11/14/24 at 11:14 am to GravelLotinCanada
quote:
the poster below you, is that 3.50 years on the dot or can I go 3 years, 6 months and one day?
Oh buddy, you have a lot to learn about this place
ETA:
quote:
Registered on: 12/8/2019
This post was edited on 11/14/24 at 11:16 am
Posted on 11/14/24 at 11:18 am to TJack
3492 was actually just repealed so depending on when the damage occurred this may no longer be accurate.
Torts and property damage claims are now subject to a 2 year prescriptive period under articles 3493.1 and 3493.2 effective 7/1/24.
Torts and property damage claims are now subject to a 2 year prescriptive period under articles 3493.1 and 3493.2 effective 7/1/24.
Posted on 11/14/24 at 11:19 am to GravelLotinCanada
quote:
If a lawn crew
Your first mistake.
This post was edited on 11/14/24 at 11:23 am
Posted on 11/14/24 at 11:19 am to GravelLotinCanada
When was the damage noticed. Did Jesus try and hide the damage he caused from you?
Posted on 11/14/24 at 11:19 am to FAP SAM
I got the joke. It stems from Southpark and the 350 episode. In that episode the old black lady say "he tricked me". That's why I put the part about tricking me in there. But maybe my humor didn't land, not the first time.
Posted on 11/14/24 at 11:20 am to GravelLotinCanada
Its two years now. Used to be one for tort/negligence actions, but they changed it last session. However, if the damage occurred before July 1, 2024, it will still be subject to the one-year prescriptive period.
If you had a written contract with the lawn company, it could be longer as a breach of contract action vs. negligence. Depending on what the contract actually says, of course. Breach of contract has a ten year prescriptive period in LA.
Its the same across the board for torts/negligence actions. With some very limited exceptions.
If you had a written contract with the lawn company, it could be longer as a breach of contract action vs. negligence. Depending on what the contract actually says, of course. Breach of contract has a ten year prescriptive period in LA.
quote:
I assume that ranges from industry to industry.
Its the same across the board for torts/negligence actions. With some very limited exceptions.
This post was edited on 11/14/24 at 11:24 am
Posted on 11/14/24 at 11:34 am to Indefatigable
Perfect that answers my question thanks to all. I kept reading the 10 year period but that is for the contractors and confused me. Was after July of this year so I have 2 years it seems. Trying to avoid that but if it's my only avenue that's where it will end up I guess.
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