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Limited enforceability

Louisiana Liability Waiver Requirements

This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in Louisiana for specific guidance.

Key points

Louisiana waiver law at a glance

IMPORTANT: Louisiana Civil Code Article 2004 explicitly prohibits anticipatory waivers of liability for physical injury. Pre-injury liability waivers are void by statute.
Louisiana is one of the few states with a statutory prohibition on pre-injury negligence waivers
Assumption of risk is a valid defense but operates differently than in common-law states
Waivers of property damage (not physical injury) may still be enforceable

Drafting

Drafting considerations for Louisiana

Understand that liability waivers for physical injury are void under Louisiana law
Focus on assumption of risk acknowledgments and risk disclosure forms instead
Document inherent risks thoroughly for assumption of risk defense
Consult a Louisiana attorney — Louisiana's civil law system differs significantly from common-law states

FAQ

Frequently asked

Are liability waivers enforceable in Louisiana?
No, for physical injury claims. Louisiana Civil Code Article 2004 states that any clause excluding or limiting liability for causing physical injury is null. This is a statutory prohibition, not a case-law ambiguity. However, assumption of risk remains a valid defense, and risk acknowledgment forms can still document that participants understood the dangers.
Can I use a digital waiver in Louisiana?
Yes. Louisiana adopted the Electronic Signatures Act (LA R.S. 9:2607 et seq.) and recognizes electronic signatures under the federal ESIGN Act. WaiverDrop's digital waivers are legally valid. However, the enforceability of the waiver's substance for physical injury claims is prohibited under Louisiana law.
What should Louisiana businesses use instead of waivers?
Focus on assumption of risk acknowledgments and detailed risk disclosure forms. While you cannot waive liability for physical injury, documenting that participants understood and accepted the inherent risks supports the assumption of risk defense.

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