During election seasons there is typically a lot of chatter about Louisiana’s “tort” law. This is usually a hot button issue that is tossed about without any real substantive discussion about what it is exactly that is meant by a “tort”. What is a tort? The word “tort’ has a Latin origin and simply means a violation of a legal duty owed by one to another that arises by operation of law. Stated another way, the word tort implicates responsibility for one’s conduct or actions that cause harm to another. It is a very fundamental concept. Almost from birth we instill in our children the difference between right and wrong and teach the virtue of being responsible for what we say and do as part of laying the ground work for becoming mature and responsible members of the family and society at large. Thus, it should come as no surprise that, for time immemorial, tort law has existed in one form or another.. at one time an “eye for an eye”. As civilization has evolved so, too, has the law on torts.
The cornerstone of Louisiana tort law is codified in Louisiana Civil Code article 2315 which provides, in pertinent part:
“Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it”
Pretty simple and straight forward and by necessity it needed to be. In this regard, injury and damage can and does occur in so many different ways that it would be impossible to state it any other way. Tort responsibility is based on fault. Without fault there is no liability. The concept of fault has been the centerpiece of human responsibility in western civilization for thousands of years. The terms “repair it” as used in the article merely requires that the person injured or damaged be “made whole” again. Simple enough if only dealing with property damage or the like. For example, a car can be repaired, a house or building can be rebuilt, and so on. The tricky part comes into play when dealing with a physical injury.. not all injuries can be repaired to the point where the person is made whole or put in the same physical condition as before the injury. Thus, the law contemplates the “repair” consisting of monetary damages to compensate for the injury. For example, an eye cannot be restored, a brain injury cannot be reversed and neither can a traumatic spinal injury be one hundred percent repaired, if at all (paralysis). There is no magic wand that can be waived and health restored. Consequently, as an alternative, the law requires monetary compensation.
The notion of tort responsibility is representative of conservative values being embedded in our laws. Indeed, at the core of conservative ideology is the belief that human dignity is the essence of human life and personal responsibility is the primary duty of citizenship. As such, the legal corollary is that we are all personally responsible for our actions.
Cle’ Simon
For more than 75 years the Simon family has carried on a family tradition of restoring lives in local communities and throughout the stat of Louisiana. At Simon Law Offices, I have proudly embraced this tradition and strive every day to continue the legacy. Simon Law Offices are Cajun Strong and restoring lives throughout Louisiana, one client at a time.
