Along with other states, Louisiana has a strong public policy against individuals who are drunk driving. As such, La. Civil Code article 2315.4 allows for punitive damages when a defendant is intoxicated and causes an accident.
Additionally, La. R.S. 9:2798.4 provides a defense and immunizes a Defendant from liability to an intoxicated Plaintiff who is operating a motor vehicle, aircraft, watercraft, or vessel. This statute provides trucking companies and other commercial vehicle operators a powerful defense against the claims of a Plaintiff who is proven to be legally intoxicated while driving.
La. R.S. 9:2798.4: The Specifics
Specifically, La. R.S. 9:2798.4 states neither the state, a state agency, or a political subdivision of the state nor any person shall be liable for damages, including those available under Civil Code Article 2315.1 or 2315.2 (wrongful death or survival claims), for injury, death, or loss of the operator of a motor vehicle, aircraft, watercraft, or vessel who is operating a motor vehicle, aircraft, watercraft, or vessel while his blood alcohol concentration of 0.08 percent or more.[1]
However, in order to trigger this statutory protection, the Plaintiff must be found to be in excess of twenty-five percent negligence as a result of a blood alcohol concentration in excess of the limits provided in R.S. 14:98(A)(1)(b), or the operator is found to be in excess of twenty-five percent negligent as a result of being under the influence of a controlled dangerous substance described in R.S. 14:98(A)(1)(c).[2] Additionally, this negligence must be a contributing factor causing the damage.[3]
Townes v. Liberty Mutual Insurance Company
An example of this statute is in Townes v. Liberty Mutual Insurance Company[4]. A Defendant driver reversed his truck onto a road resulting in a collision with the Plaintiff. The matter proceeded to a jury trial and, and the jury found (1) the Plaintiff was operating his vehicle while his BAC (blood alcohol content) was 0.08 percent or more, (2) that he was negligent as a result of operating his vehicle while his BAC was 0.08 percent or more, (3) that the percent of negligence attributable to the Plaintiff as a result of his operating his vehicle while his BAC was 0.08 percent or more was 50 percent, and (4) that such negligence was a contributing factor in causing his damages. Therefore, the Plaintiff’s claims were barred pursuant to La. R.S. 9:2798.4.
The case was appealed, but the jury’s verdict was affirmed. As part of its ruling, the First Circuit Court of Appeal observed:
We note that the Legislature’s purpose in adopting La. R.S. 9:2798.4 was to preclude recovery of damages for those who choose to operate a vehicle while under the influence of alcoholic beverages or drugs. In furtherance of its intended purpose, the Legislature drafted the statute broadly, providing that no “person shall be liable for damages” to an operator who “is found to be in excess of twenty-five percent negligent as a result of a blood alcohol concentration in excess of the limits provided in R.S. 14:98(A)(1)(b).[5]
Takeaway
Evidence of intoxication is a strong shield under Louisiana law. La. R.S. 9:2798.4 is a powerful defense against the claims of a Plaintiff who is intoxicated and operating a vehicle. It provides a Defendant with an opportunity to effectively confront an intoxicated Plaintiff’s suit and claims. If confronted with this scenario, the defense practitioner should certainly consider asserting this defense and obtaining any and all evidence to demonstrate a Plaintiff’s intoxication.
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[1] La. R.S. 9:2798.4 (A).
[2] La. R.S. 9:2798.4 (B)(1).
[3] La. R.S. 9:2798.4 (B)(2).
[4] 09-2110 (La. App. 1st Cir. 2010) 41 So. 3d. 520.
[5] Id. at 527.