During the 2024 regular session, the Legislature of Louisiana passed Act 490, Section 1. R.S. 9:2791.1, limiting liability for commercial vehicles. The law should help protect commercial vehicle owners, lessors, and operators from arguments that were recently made against a trailer manufacturer in Missouri in a recent case, Williams et al v. Wabash.

LA RS 9:2791.1

Since August 1, 2024, in Louisiana, the owner, lessor, and operator of a commercial vehicle have no duty to install optional equipment on their vehicles nor can the absence of optional equipment be used to establish their negligence. La. R.S. 9:2791.1. Further, “no individual shall have a cause of action against an owner… for failure to install optional equipment on a commercial vehicle.” Id.

Optional equipment is defined as equipment not required under 49 C.F.R. 571 at the time the commercial vehicle was manufactured or sold, whichever occurred last, and was not required by law to be installed or equipped on the commercial vehicle issued after the vehicle was manufactured or first sold. The only exception to this law would be if the commercial vehicle was involved in an accident after failing to comply with a legally required mandatory recall.

Williams et al v. Wabash

Just last month (September 9, 2024), in Williams et al v. Wabash, a St. Louis Missouri jury awarded a $462-million verdict to the families of a driver and passenger killed in a 2019 motor vehicle accident. The accident occurred when the driver’s car slammed into the back of a nearly stopped trailer at highway speeds, killing the driver and passenger.

During the trial, counsel for plaintiffs’ families alleged the rear-impact guards on the trailer were dangerous despite meeting federal standards and that the trailer manufacturer failed to upgrade their guards as better technology came out. Wabash argued the rear guards on its trailers met federal safety requirements at the time they were manufactured and that no guard would have made a difference in the accident at the speeds involved.

Impact on Commercial Vehicle Owners, Lessors, and Operators

La. R.S. 9:2781.1, may afford owners, lessors, and operators of a commercial vehicle protection against similar arguments used against the trailer manufacturer in the Williams case if they find themselves in a lawsuit involving an accident and the equipment on their commercial vehicle met federal and local laws at the time the vehicle was manufactured or sold and they complied with legally required mandatory recall.

La. R.S. § 9:2791.1 Limitation of liability for commercial motor vehicles