This text of Louisiana § 40:1098.5 (Civil actions; remedies) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§1098.5. Civil actions; remedies
A. Notwithstanding any other provision of law to the contrary, a person who has
been harmed as a result of acts which are prohibited by this Part or who has been subjected
to acts which are prohibited by this Part with or without consent shall have a cause of action
for damages in a court of competent jurisdiction.
B. The cause of action for damages shall be commenced before the later of either of
the following:
(1)The lapse of a twelve-year liberative prescription once the minor reaches the age
of majority.
(2)Within three years from the time the person discovered or reasonably should have
discovered that the injury or damages were caused by the violation.
C. Venue pursuant to this Section may be brought pursuant to Code of Civil
Procedure Article 42 or
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§1098.5. Civil actions; remedies
A. Notwithstanding any other provision of law to the contrary, a person who has
been harmed as a result of acts which are prohibited by this Part or who has been subjected
to acts which are prohibited by this Part with or without consent shall have a cause of action
for damages in a court of competent jurisdiction.
B. The cause of action for damages shall be commenced before the later of either of
the following:
(1) The lapse of a twelve-year liberative prescription once the minor reaches the age
of majority.
(2) Within three years from the time the person discovered or reasonably should have
discovered that the injury or damages were caused by the violation.
C. Venue pursuant to this Section may be brought pursuant to Code of Civil
Procedure Article 42 or in the parish of domicile of the petitioner.
D.(1) If a court finds that a person is entitled judgment pursuant to this Section, the
court shall award damages, attorney fees, and all costs of the proceeding against the
defendant for violation of this Part.
(2) Damages awarded by the court pursuant to this Section may include but are not
to be limited to damages for infertility or sterility that is suffered by the minor as a result of
the acts prohibited by this Part.
E. Consent shall not operate as a defense to a petitioner's claim that is filed pursuant
to this Section.
NOTE: Former R.S. 40:1098.5 redesignated as R.S. 40:1079.15 by HCR 84 of 2015 R.S.