Wrongful-Death Claim Governed By Law In Effect When Decedent Died

Act 431 of 1979 introduced comparative fault into Louisiana law. The Act became effective August 1, 1980, but by its terms does "not apply to claims arising from events that occurred" before its effective date.

Raleigh Landry was exposed to asbestos between 1959 and 1974. He was diagnosed with mesothelioma in January 2002, and died in November 2002. Today, the Louisiana Supreme Court held that his survivors' wrongful-death claims are governed by comparative fault. The Court reasoned that for purposes of Act 431, the "event" giving rise to a wrongful-death claim is the decedent's death. Landry v. Avondale Indus., Inc., 03-CC-3432 (La. 7/2/04).

Posted by RPW at July 2, 2004 03:56 PM