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La. Rev. Stat. § 9:2800 (2026)

Limitation of liability for public bodies

✓ laws through the 2025 Regular Session (checked Sept. 2026)
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§2800.  Limitation of liability for public bodies

A.  A public entity is responsible under Civil Code Article 2317 for damages caused by the condition of buildings within its care and custody.

B.  Where other constructions are placed upon state property by someone other than the state, and the right to keep the improvements on the property has expired, the state shall not be responsible for any damages caused thereby unless the state affirmatively takes control of and utilizes the improvement for the state's benefit and use.

C.  Except as provided for in Subsections A and B of this Section, no person shall have a cause of action based solely upon liability imposed under Civil Code Article 2317 against a public entity for damages caused by the condition of things within its care and custody unless the public entity had actual or constructive notice of the particular vice or defect which caused the damage prior to the occurrence, and the public entity has had a reasonable opportunity to remedy the defect and has failed to do so.

D.  Constructive notice shall mean the existence of facts which infer actual knowledge.

E.  A public entity that responds to or makes an examination or inspection of any public site or area in response to reports or complaints of a defective condition on property of which the entity has no ownership or control and that takes steps to forewarn or alert the public of such defective condition, such as erecting barricades or warning devices in or adjacent to an area, does not thereby gain custody, control, or garde of the area or assume a duty to prevent personal injury, wrongful death, property damage, or other loss as to render the public entity liable unless it is shown that the entity failed to notify the public entity which does have care and custody of the property of the defect within a reasonable length of time.

F.  A violation of the rules and regulations promulgated by a public entity is not negligence per se.

G.(1)  "Public entity" means and includes the state and any of its branches, departments, offices, agencies, boards, commissions, instrumentalities, officers, officials, employees, and political subdivisions and the departments, offices, agencies, boards, commissions, instrumentalities, officers, officials, and employees of such political subdivisions.  Public entity also includes housing authorities, as defined in R.S. 40:384(15), and their commissioners and other officers and employees and sewerage and water boards and their employees, servants, agents, or subcontractors.

(2)  "Public site or area" means any publicly owned or common thing, or any privately owned property over which the public's access is not prohibited, limited, or restricted in some manner including those areas of unrestricted access such as streets, sidewalks, parks, or public squares.

H.  Terminated by Acts 2006, No. 545, §1, eff. Aug. 30, 2008.

Acts 1985, No. 454, §1, eff. July 12, 1985; Acts 1992, No. 581, §1; Acts 1995, No. 828, §1, Nov. 23, 1995; Acts 2003, No. 725, §1; Acts 2003, No. 1077, §1, eff. July 2, 2003; Acts 2006, No. 545, §1.

Notes of Decisions
Cited in 556 cases (43 in the last 5 years), 1985–2026 · leading case: Broussard v. State ex rel. Off. of State Bldgs., 113 So. 3d 175 (La. 2013).
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Broussard v. State ex rel. Off. of State Bldgs., 113 So. 3d 175 (La. 2013). · cites it 15× “Again, the “open and obvious to all” doctrine keeps principles such as assumption of the risk and contributory negligence "in relative check.”
Jacobs v. City of Bunkie, 737 So. 2d 14 (La. 1999). · cites it 33× “R.S. 9:2800 stood in conflict with Article XII, Section 10(A) prior to the amendment, the trial court declared the statute unconstitutional and awarded damages to the plaintiff.”
Dupree v. City of New Orleans, 765 So. 2d 1002 (La. 2000). · cites it 10× “R.S. 9:2800 requires actual or constructive notice of the defect as a prerequisite to claims against public entities such as the S & WB for damages caused by the condition of things within its care and custody.”
Teel v. State, Dept. of Transp. & Dev., 681 So. 2d 340 (La. 1996). · cites it 29× “In making its decision, the trial court decided that LSA-R.S. 9:2800 violates La. Const. art. XII, § 10(A), which abrogates all vestiges of sovereign immunity.”
Bridgewater v. New Orleans Reg'l Transit Auth., 190 So. 3d 408 (La. Ct. App. 2016). · cites it 5× “9:2800, no person shall have a cause of action based on liability under article 2317 against a public entity for damages caused by the condition of things in its care unless the public entity had actual or constructive notice of the particular defect that causfed the damage…”
Oster v. Dept. of Transp. & Dev., 582 So. 2d 1285 (La. 1991). · cites it 6× “R.S. 9:2800 (West Supp.1991). We granted writs and now reverse.”
Rhodes v. State Through Dept. of Transp. & Dev., 656 So. 2d 650 (La. Ct. App. 1995). · cites it 24× “After a trial on the merits, the trial court determined that, although DOTD was negligent with regard to its maintenance and care of traffic signals, Rhodes and Watson were unable to overcome the burden placed on them by LSA-R.S. 9:2800. Accordingly, the trial court rendered…”
Lasyone v. Kansas City S. RR, 786 So. 2d 682 (La. 2001). · cites it 4× “§ 9:2800 requires actual or constructive notice of the defect as a prerequisite to claims against public entities such as DOTD for damages caused by the condition of things within its care and custody.”
Chambers v. Vill. of Moreauville, 85 So. 3d 593 (La. 2012). · cites it 5× “R.S. 9:2800, in order to prove a public entity is liable for damages caused by a thing, the plaintiff must establish: (1) custody or ownership of the defective thing by the public entity; (2) the defect created an unreasonable risk of harm; (3) the public entity had actual or…”
Stobart v. State Through DOTD, 617 So. 2d 880 (La. 1993). · cites it 2× “" La.Rev.Stat. § 9:2800 (West 1991); Shipp v.”
Rosen v. State ex rel. Dep't of Transp. & Dev., 809 So. 2d 498 (La. Ct. App. 2002). · cites it 10× “R.S. 9:2800 to his cause of action because the accident occurred before November 1995.”
Matherne v. Gray Ins. Co., 661 So. 2d 432 (La. 1995). · cites it 8× “R.S. 9:2800 B [1] was unconstitutional as a violation of LA.”
Show all 556 citing cases →
La. Rev. Stat. § 9:2800(0): 1 case
Rogers v. State, 838 So. 2d 849 (La. Ct. App. 2003).
La. Rev. Stat. § 9:2800(1)(a): 1 case
Peterson v. GH Bass & Co., 713 So. 2d 806 (La. Ct. App. 1998).
La. Rev. Stat. § 9:2800(1)(c): 1 case
Bearly v. Brunswick Mercury Marine Div., 888 So. 2d 309 (La. Ct. App. 2004).
La. Rev. Stat. § 9:2800(A): 10 cases
Broussard v. State ex rel. Off. of State Bldgs., 113 So. 3d 175 (La. 2013). “Again, the “open and obvious to all” doctrine keeps principles such as assumption of the risk and contributory negligence "in relative check.”
Ss v. State ex rel. Dept. of Soc. Servic., 831 So. 2d 926 (La. 2002).
Fisher v. Catahoula Par. Police Jury, 165 So. 3d 321 (La. Ct. App. 2015).
Jackson v. Beasley, 712 So. 2d 162 (La. Ct. App. 1998).
Nelson v. La. Stadium & Exposition Dist., 832 So. 2d 1043 (La. Ct. App. 2002).
La. Rev. Stat. § 9:2800(A)(B): 1 case
Archon v. Union Pac. RR, 657 So. 2d 987 (La. 1995).
La. Rev. Stat. § 9:2800(B): 48 cases
Daigle v. City of Shreveport, 78 So. 3d 753 (La. Ct. App. 2011).
Oster v. Dept. of Transp. & Dev., 582 So. 2d 1285 (La. 1991). “R.S. 9:2800 (West Supp.1991). We granted writs and now reverse.”
Maldonado v. Louisiana Superdome Com'n, 687 So. 2d 1087 (La. Ct. App. 1997).
Buffinet v. Plaquemines Par. Com'n, 645 So. 2d 631 (La. Ct. App. 1994).
Moore v. Murphy Oil USA, Inc., 186 So. 3d 135 (La. Ct. App. 2015).
La. Rev. Stat. § 9:2800(B)(1): 1 case
Waddles v. Brookshire Grocery Co., 181 So. 3d 772 (La. Ct. App. 2015).
La. Rev. Stat. § 9:2800(C): 67 cases
Broussard v. State ex rel. Off. of State Bldgs., 113 So. 3d 175 (La. 2013). “Again, the “open and obvious to all” doctrine keeps principles such as assumption of the risk and contributory negligence "in relative check.”
Pamplin v. Bossier Par. Cmty. Coll., 878 So. 2d 889 (La. Ct. App. 2004).
Maldonado v. Louisiana Superdome Com'n, 687 So. 2d 1087 (La. Ct. App. 1997).
Walters v. City of West Monroe, 162 So. 3d 419 (La. Ct. App. 2015).
Joseph v. City of New Orleans, 842 So. 2d 420 (La. Ct. App. 2003).
La. Rev. Stat. § 9:2800(C)(1): 1 case
Heller, No. 2:24-cv-02295 (E.D. La. Jan. 8, 2026).
La. Rev. Stat. § 9:2800(D): 37 cases
LeBlanc v. City of Abbeville, 259 So. 3d 372 (La. Ct. App. 2018).
Wells v. Town of Delhi, 216 So. 3d 1095 (La. Ct. App. 2017).
Meaux v. Wendy's Int'l, Inc., 51 So. 3d 778 (La. Ct. App. 2010).
Skulich v. Fuller, 82 So. 3d 467 (La. Ct. App. 2011).
Warden v. Richoux, 40 So. 3d 139 (La. Ct. App. 2010).
La. Rev. Stat. § 9:2800(D)(8): 1 case
Free Speech Coalition, Inc. v. LeBlanc, 697 F. Supp. 3d 534 (E.D. La. 2023).
La. Rev. Stat. § 9:2800(E): 6 cases
Haley v. Calcasieu Par. Sch. Bd., 753 So. 2d 882 (La. Ct. App. 1999).
Fragala v. City of Rayville, 557 So. 2d 1118 (La. Ct. App. 1990).
Brown v. United States, 861 F. Supp. 539 (W.D. La. 1994).
Sampedro v. City of Kenner, 989 So. 2d 111 (La. Ct. App. 2008).
Smith v. Urban Oil & Gas Grp. L L C, No. 2:21-cv-04402 (W.D. La. Apr. 12, 2022).
La. Rev. Stat. § 9:2800(F): 1 case
Whitaker v. City of Bossier City, 813 So. 2d 1269 (La. Ct. App. 2002).
La. Rev. Stat. § 9:2800(G): 1 case
Anne Lowenburg v. Sewerage & Water Bd. of New Orleans, 387 So. 3d 548 (La. Ct. App. 2020).
La. Rev. Stat. § 9:2800(G)(1): 3 cases
Perdomo v. City of Kenner, 258 So. 3d 983 (La. Ct. App. 2018).
Progressive Paloverde Ins. Co. v. Est. of Bobby J. Jenkins, No. 2:19-cv-12840 (E.D. La. Apr. 8, 2020).
Jenkins v. Nat'l R.R. Passenger Corp., No. 2:20-cv-00392 (E.D. La. Apr. 8, 2020).
La. Rev. Stat. § 9:2800(H): 3 cases
Burmaster v. Plaquemines Par. Gov't, 982 So. 2d 795 (La. 2008).
Dana Johno v. John Doe, 218 So. 3d 1004 (La. 2016).
In re Katrina Canal, No. 08-30234 (5th Cir. Feb. 6, 2009).
La. Rev. Stat. § 9:2800(H)(1): 1 case
Burmaster v. Plaquemines Par. Gov't, 963 So. 2d 378 (La. 2007).
La. Rev. Stat. § 9:2800(e): 1 case
Fuselier v. Matranga, 803 So. 2d 151 (La. Ct. App. 2001).
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