Exemplary Damages in Louisiana: When Punitive Damages Apply (2026)

Louisiana allows punitive damages only where a statute expressly authorizes them: the Louisiana Supreme Court stated in International Harvester Credit Corp. v. Seale, 518 So. 2d 1039 (La. 1988), that "punitive or other 'penalty' damages are not allowable unless expressly authorized by statute." The Civil Code calls them exemplary damages and authorizes them for six kinds of conduct, in articles 2315.3, 2315.4, 2315.7, 2315.8, 2315.10 and 2315.11, none of which sets a cap.

Drunk driving, child sexual abuse, domestic abuse, hazing deaths and workplace sexual assault are the Civil Code triggers; statutes in the Revised Statutes add others, such as wiretapping and human trafficking. For how other states compare, see punitive damages laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Louisiana state law on exemplary (punitive) damages in civil cases: the rule in Seale, Civil Code articles 2315.3, 2315.4, 2315.7, 2315.8, 2315.10, 2315.11, 3545 and 3546, Code of Civil Procedure article 1812, and the other statutes and decisions named below. It does not cover compensatory damages or medical malpractice limits (see Louisiana medical malpractice law), wrongful-death procedure, deadlines and beneficiaries (see Louisiana wrongful death law), federal claims, or every statute that authorizes punitive, exemplary or multiplied damages for a particular claim beyond those named here.

Does Louisiana allow punitive damages?

Only when a statute says so. Seale put the rule this way:

"Under Louisiana law, punitive or other 'penalty' damages are not allowable unless expressly authorized by statute."

The same opinion explained that "the term 'damages,' unmodified by penal terminology such as 'punitive' or 'exemplary,' has been historically interpreted as authorizing only compensation for loss, not punishment." A statute that allows "damages" without more therefore allows compensation only.

Louisiana's Civil Code uses the term "exemplary damages." Some statutes in the Revised Statutes say "punitive damages" instead. Both refer to damages awarded on top of compensation for the harm.

The Seale rule is Louisiana law; a claim governed by federal maritime law follows federal rules even when it is filed in a Louisiana court. In Barnes v. Turn Services, L.L.C., No. 2025-C-0439 (La. App. 4 Cir. Sept. 17, 2025), a writ decision whose publication status the opinion does not show, the Fourth Circuit Court of Appeal applied federal maritime law and reversed a summary judgment dismissing a Jones Act seaman's claim for punitive damages over the termination of maintenance and cure, holding that the conflicting evidence was "sufficient to entitle Mr. Barnes to have a jury decide this issue."

The Civil Code articles that authorize exemplary damages

Each article begins the same way: "In addition to general and special damages, exemplary damages may be awarded upon proof that" the injuries (or, in art. 2315.10, the death) were caused by the conduct it describes.

Article 2315.4: intoxicated drivers. Exemplary damages may be awarded upon proof that the injuries "were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries." Two things are needed: the driver's intoxication was a cause in fact of the injuries, and the conduct showed wanton or reckless disregard. For the rest of a crash claim, see Louisiana car accident law.

Article 2315.3: child sexual abuse materials. Exemplary damages may be awarded where the injuries "were caused by a wanton and reckless disregard for the rights and safety of the person through an act of child sexual abuse materials, as defined by R.S. 14:81.1, regardless of whether the defendant was prosecuted for his acts." This is not the article 2315.3 that once covered hazardous substances; that earlier article was in force from 1984 until its repeal by Acts 1996, No. 2, effective April 16, 1996 (Ross v. Conoco, Inc., 828 So. 2d 546 (La. 2002)), and the number was later reused.

Article 2315.7: criminal sexual activity against a minor. Exemplary damages may be awarded where the injuries were caused by wanton and reckless disregard "through criminal sexual activity which occurred when the victim was seventeen years old or younger, regardless of whether the defendant was prosecuted for his or her acts." The article adds: "The provisions of this Article shall be applicable only to the perpetrator of the criminal sexual activity."

Article 2315.8: domestic abuse. Exemplary damages may be awarded where the injuries were caused by wanton and reckless disregard "for the rights and safety of a family or household member, as defined in R.S. 46:2132, through acts of domestic abuse resulting in serious bodily injury or severe emotional and mental distress, regardless of whether the defendant was prosecuted for his or her acts" (art. 2315.8(A)).

Article 2315.10: death caused by hazing. Exemplary damages may be awarded upon proof "that the death on which the action is based was caused by a wanton and reckless disregard for the rights and safety of the victim through an act of hazing, as defined by R.S. 17:1801, regardless of whether the defendant was prosecuted for his acts."

Article 2315.11: sexual assault in the workplace. Exemplary damages may be awarded upon proof "that the injuries on which the action is based were caused by an act or acts of sexual assault in the workplace" (2315.11(A)). Under 2315.11(B), "The provisions of this Article shall be applicable only to the perpetrator of the sexual assault." Unlike the other articles, its text does not add a wanton-and-reckless requirement.

What must be proven

The conduct standard depends on the article. Articles 2315.3, 2315.7, 2315.8 and 2315.10 require "wanton and reckless disregard" for the rights and safety of the person harmed, through the specific conduct each names. Article 2315.4 is worded "wanton or reckless disregard," tied to the driver's intoxication. Article 2315.11 requires an act or acts of sexual assault in the workplace.

A prosecution is not required under four of the articles. Articles 2315.3, 2315.7, 2315.8 and 2315.10 each say exemplary damages may be awarded "regardless of whether the defendant was prosecuted."

Burden of proof. The articles say exemplary damages may be awarded "upon proof" of the listed conduct but do not state a burden of proof, such as clear and convincing evidence. For art. 2315.4, the Court of Appeal, Fourth Circuit, has stated that a plaintiff "must prove, by a preponderance of the evidence, three elements, including; (1) intoxication, (2) wanton and reckless disregard, and (3) cause-in-fact between the intoxication and the damages" (Dekeyser v. Automotive Casualty Ins. Co., 706 So. 2d 676 (La. App. 4 Cir. 1998)).

Other statutes that authorize punitive or exemplary damages

Statutes outside the Civil Code articles authorize punitive or exemplary damages for particular claims. Among them:

• Wiretapping. A person whose wire, electronic or oral communication is intercepted, disclosed or used in violation of Louisiana's wiretap chapter may recover actual damages "but not less than liquidated damages computed at the rate of one hundred dollars a day for each day of violation or one thousand dollars, whichever is greater," a reasonable attorney's fee and costs, and "(3) Punitive damages" (R.S. 15:1312(A)).
• Human trafficking. A victim may recover "actual damages, compensatory damages, punitive damages, and for any other appropriate relief," and "Treble damages shall be awarded on proof of actual damages where the defendant's actions were willful and malicious" (R.S. 46:2163).
• Housing discrimination. In a suit by private persons over a discriminatory housing practice under R.S. 51:2613, the court "may award to a prevailing plaintiff actual damages and punitive damages, together with court costs and reasonable attorney fees" (R.S. 51:2613(E)). In a suit by the attorney general, the court "may award actual damages and punitive damages to any person found to have been denied any of the rights granted pursuant to this Chapter" (R.S. 51:2614(B)).
• Illegal drug sales. Under R.S. 9:2800.76, "exemplary damages may be awarded upon proof that the sale or distribution of an illegal controlled substance or participation in the marketing of an illegal controlled substance was in wanton or reckless disregard for the rights, health, and safety of others" (R.S. 9:2800.76). Under R.S. 9:2800.63, a user's parent, spouse, child or sibling, an employer, and the other persons that section lists may recover damages including "(3) Exemplary damages" from a person who sold, administered or furnished an illegal controlled substance to the user or, since Acts 2025, No. 345, a consumable hemp product to a person under 21, subject to the hemp-product exceptions in Subsection E (R.S. 9:2800.63(B)(1), (D)(3), (E)). Under R.S. 9:2800.77, on liability for fentanyl ingestion, a claimant "shall be entitled to damages, including exemplary damages, expert witness fees and expenses, court costs, and reasonable attorney fees" (R.S. 9:2800.77(B)).
• Abortion-inducing acts. R.S. 9:2800.12(D)(3) and (4), amended by Acts 2025, No. 383, list "Exemplary damages upon proof that injuries were caused by a wanton and reckless disregard for the law or safety of others through intentional acts that performed or substantially facilitated an abortion as defined by R.S. 14:87.1," and exemplary damages where the woman was a minor "when the defendant knew or should have known the minor's age."
• Disclosure and camera statutes. In the section on a protected person's videotaped statement in a criminal proceeding, a person who makes an unauthorized disclosure "of the videotape or its contents" may be liable "for civil damages, including punitive damages" (R.S. 15:440.5(C)). In the section protecting the identities of persons and entities involved in carrying out a death sentence, a person whose identity is disclosed in violation of R.S. 15:570(H)(1) "may recover actual damages and, upon a showing of a willful violation of Paragraph (1) of this Subsection, may recover punitive damages" (R.S. 15:570(H)(2)). In the family and child support data-matching sections, "In the case of a willful disclosure or a disclosure which is the result of gross negligence, the defendant shall be liable for punitive damages and all costs and attorney fees" (R.S. 46:236.1.4, 46:236.1.11). A guest of a short-term rental structure who is documented on footage obtained in violation of the camera-notice statute may recover from the owner or lessor actual damages, a reasonable attorney fee and litigation costs, and "(3) Punitive damages" (R.S. 21:61(D)).

Defamation suits against alleged victims of sexual misconduct. When an alleged perpetrator of sexual misconduct sues the alleged victim "for defamation of character, libel, slander, or damage to reputation" and the court determines the claim is "fraudulent or frivolous," the court "shall order the plaintiff to pay all court costs and reasonable attorney fees and the defendant shall be entitled to exemplary damages," which "shall be at the court's discretion and shall not be subject to any cap or similar limitation provided by law" (R.S. 13:3381(B)). For the underlying claims, see Louisiana defamation laws.

Treble damages that are not called punitive. Under the unfair trade practices law, "If the court finds the unfair or deceptive method, act, or practice was knowingly used, after being put on notice by the attorney general, the court shall award three times the actual damages sustained" (R.S. 51:1409(A)). The damages section for misappropriation, R.S. 51:1433, allows recovery for "the actual loss caused by misappropriation" and for unjust enrichment, and contains no exemplary-damages clause.

Is there a cap on punitive damages in Louisiana?

Louisiana has no general cap. None of the Civil Code exemplary-damages articles (2315.3, 2315.4, 2315.7, 2315.8, 2315.10, 2315.11) contains a dollar limit or multiplier; the amount is left to the trier of fact. The wiretap statute lists "Punitive damages" without stating an amount (R.S. 15:1312(A)(3)), and the statute on defamation suits brought by an alleged perpetrator of sexual misconduct against the alleged victim expressly says the defendant's exemplary damages "shall not be subject to any cap or similar limitation provided by law" (R.S. 13:3381(B)). Suits against the state and political subdivisions face a different kind of limit: R.S. 13:5106 limits their total liability for all damages for personal injury to, or the wrongful death of, any one person to $500,000, excluding listed categories, and does not mention exemplary damages (see below).

The U.S. Supreme Court's due-process limits on the size of punitive awards also apply to Louisiana verdicts; the punitive damages hub explains them.

Does Louisiana take a share of the award?

None of the Civil Code exemplary-damages articles directs any part of an award to the state or to a fund.

Claims from other states: article 3546

Louisiana's conflict-of-laws articles add a separate limit. Civil Code art. 3546 provides:

"Punitive damages may not be awarded by a court of this state unless authorized: (1) By the law of the state where the injurious conduct occurred and by either the law of the state where the resulting injury occurred or the law of the place where the person whose conduct caused the injury was domiciled; or (2) By the law of the state in which the injury occurred and by the law of the state where the person whose conduct caused the injury was domiciled."

For products liability, art. 3545 provides that liability and damages, "whether compensatory, special, or punitive, are governed by the law of this state" when the injury was sustained in Louisiana by a person domiciled or residing there, or when the product was manufactured, produced or acquired in Louisiana and caused injury to a Louisiana domiciliary.

How the amount is decided

No Louisiana article requires a separate trial on exemplary damages. Under Code of Civil Procedure art. 1812(C), in cases to recover damages for injury, death, or loss, the court "at the request of any party shall submit to the jury special written questions," including the special and general damages "expressed in dollars, and, if appropriate, the total amount of exemplary damages to be awarded" (art. 1812(C)(4)). "The court shall then enter judgment in conformity with the jury's answers to these special questions and according to applicable law" (art. 1812(D)).

On appeal, the Louisiana Supreme Court has held that, when no constitutional claim is raised, whether an exemplary award is excessive under Louisiana law "is properly reviewed for abuse of discretion." Reviewing courts consider the reprehensibility of the defendant's conduct, the disparity between the harm or potential harm and the award, and the difference between the award and the civil or criminal penalties in comparable cases, and the court added that "a defendant's assets and income are relevant factors" (Mosing v. Domas, 830 So. 2d 967 (La. 2002), an art. 2315.4 case). When a federal due-process challenge is raised, the reviewing court conducts a de novo review.

Wrongful death and hazing deaths

Art. 2315.10 is the one exemplary-damages article written around a death: it applies where "the death on which the action is based" was caused by hazing with wanton and reckless disregard for the victim's rights and safety. The general wrongful death article (2315.2) allows suit "to recover damages which they sustained as a result of the death," and neither it nor the survival article (2315.1) mentions exemplary damages. Art. 2315.4 has also been applied where an intoxicated driver caused a death: in Leary v. State Farm Mutual Automobile Insurance Co., 978 So. 2d 1094 (La. App. 3 Cir. 2008), the Court of Appeal, Third Circuit, affirmed art. 2315.4 exemplary awards to the parents of a driver killed by an intoxicated driver. Who may bring each claim, and the deadlines, are on the Louisiana wrongful death page.

Employers, workers' compensation and government defendants

Perpetrator-only articles. Arts. 2315.7 and 2315.11 state that they apply "only to the perpetrator," so an employer or other third party is not liable for exemplary damages under those two articles.

Workers' compensation. Except for intentional acts, an employee's workers' compensation rights for a covered injury "shall be exclusive of all other rights, remedies, and claims for damages, including but not limited to punitive or exemplary damages, unless such rights, remedies, and damages are created by a statute, whether now existing or created in the future, expressly establishing same as available to such employee" against the employer or the people the section lists (R.S. 23:1032(A)(1)(a)).

Government defendants. R.S. 13:5106 does not mention exemplary or punitive damages, but it limits "the total liability of the state and political subdivisions for all damages for personal injury to any one person" (and, separately, for the wrongful death of any one person) to $500,000, exclusive of property damages, medical care and related benefits, and loss of earnings and future earnings (for wrongful death, loss of earnings or loss of support and loss of future support) (R.S. 13:5106(B)(1)-(2)).

Statutes that exclude them. Some statutes withhold punitive damages for the claims they create. The religious-freedom remedies section R.S. 13:5237(A) allows "appropriate relief, not to include punitive or exemplary damages." The organ-transplant disability statute, R.S. 40:1170.4(D), "shall not be construed as creating a right to compensatory or punitive damages against a covered entity." Under R.S. 37:1463(A)(2), the Louisiana Real Estate Commission may not pay from its recovery fund any portion of a claim or judgment representing punitive damages.

Does insurance pay exemplary damages in Louisiana?

Drunk-driving exemplary damages can be insured. In Creech v. Aetna Casualty & Surety Co., 516 So. 2d 1168 (La. App. 2 Cir. 1987), the Court of Appeal, Second Circuit, held "that (1) the policies provide coverage of exemplary damages, and (2) public policy does not prohibit insurance coverage for exemplary damages." In Sharp v. Daigre, 555 So. 2d 1361 (La. 1990), the Louisiana Supreme Court held that the plaintiff's UM insurers were liable for art. 2315.4 exemplary damages awarded against an underinsured drunk driver, quoting Creech's statement that "Wanton negligence is still negligence and from a public policy standpoint should not be precluded from insurance coverage."

Uninsured motorist policies may now exclude them. The UM coverage R.S. 22:1295 requires protects insureds "legally entitled to recover nonpunitive damages" from uninsured or underinsured motorists, and the statute adds: "The coverage provided pursuant to this Section may exclude coverage for punitive or exemplary damages by the terms of the policy or contract." Whether a given policy covers them therefore depends on its terms.

Guaranty fund claims and bonds. Under R.S. 22:2055, a "covered claim" does not include "Any amount awarded as penalties or punitive or exemplary damages." Under R.S. 9:3573.4(D), a credit repair services organization's surety or trustee "shall be liable only for damages awarded under R.S. 9:3573.10 and not the punitive damages permitted under that Section." For a willful violation, R.S. 9:3573.10(B) adds "an additional amount equal to twice the actual damages awarded under Subsection A of this Section."

Louisiana exemplary damages at a glance

Recent changes

The newest Civil Code article is 2315.11 (workplace sexual assault), added by Acts 2021, No. 411, effective August 1, 2021; art. 2315.10 (hazing deaths) dates from Acts 2018, No. 481. Art. 2315.3 was last amended by Acts 2025, No. 261; its current text uses the term "child sexual abuse materials" as defined by R.S. 14:81.1. Outside the Civil Code, Acts 2023, No. 412 enacted R.S. 9:2800.77 (liability for fentanyl ingestion), which lists exemplary damages, Acts 2025, No. 383 amended R.S. 9:2800.12, and Acts 2025, No. 345 amended R.S. 9:2800.63 to reach sellers of consumable hemp products to persons under 21.

A 2026 bill, HB 837, proposed a new article 2315.14 on exemplary damages where an unauthorized alien caused the injury. Its status page shows it pending in the House Committee on Civil Law and Procedure with no later action; it is not law.

Related pages

• Punitive damages laws by state
• Louisiana wrongful death law
• Louisiana car accident law
• Louisiana defamation laws

This article provides general legal information about Louisiana exemplary (punitive) damages law as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Louisiana.

Last updated: 2026-10-18.

Frequently Asked Questions

Does Louisiana allow punitive damages?

Only where a statute expressly authorizes them. The Louisiana Supreme Court stated in International Harvester Credit Corp. v. Seale (1988) that punitive or other penalty damages are not allowable unless expressly authorized by statute. The Civil Code authorizes them, under the name exemplary damages, in articles 2315.3, 2315.4, 2315.7, 2315.8, 2315.10 and 2315.11.

Is there a cap on punitive damages in Louisiana?

There is no general cap. None of the Civil Code exemplary-damages articles contains a dollar limit or multiplier. One statute, R.S. 13:3381(B), says the exemplary damages it gives a defendant who is the alleged victim of sexual misconduct, when the alleged perpetrator's defamation suit is found fraudulent or frivolous, are not subject to any cap or similar limitation provided by law. Separately, R.S. 13:5106 limits the total liability of the state and political subdivisions for all damages for personal injury to, or the wrongful death of, any one person to $500,000, apart from the categories it excludes; it does not mention exemplary damages.

Are punitive damages available against a drunk driver in Louisiana?

Civil Code art. 2315.4 allows exemplary damages on proof that the injuries were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the injuries.

What is the standard for exemplary damages in Louisiana?

Each Civil Code article sets its own. Articles 2315.3, 2315.7, 2315.8 and 2315.10 require wanton and reckless disregard for the rights and safety of the person, art. 2315.4 requires wanton or reckless disregard by an intoxicated driver, and art. 2315.11 requires injuries caused by an act or acts of sexual assault in the workplace. The articles say exemplary damages may be awarded upon proof but do not state a burden of proof; for art. 2315.4, the Fourth Circuit Court of Appeal has stated that the elements must be proved by a preponderance of the evidence (Dekeyser v. Automotive Casualty, 1998).

Are punitive damages available in a Louisiana wrongful death case?

Art. 2315.10 allows exemplary damages where the death on which the action is based was caused by hazing with wanton and reckless disregard for the victim's rights and safety. Courts have also applied art. 2315.4 where an intoxicated driver caused a death; the Third Circuit Court of Appeal affirmed art. 2315.4 exemplary awards to the parents of a driver killed by an intoxicated driver (Leary v. State Farm, 2008). The wrongful death and survival articles (2315.2 and 2315.1) do not themselves mention exemplary damages.

Does the state take part of a punitive damages award in Louisiana?

None of the Civil Code exemplary-damages articles (2315.3, 2315.4, 2315.7, 2315.8, 2315.10, 2315.11) sends any part of an award to the state or a fund.

Does insurance cover exemplary damages in Louisiana?

The Second Circuit Court of Appeal held in Creech v. Aetna (1987) that the policies there covered art. 2315.4 exemplary damages and that public policy does not prohibit such coverage. Uninsured motorist coverage may exclude punitive or exemplary damages by the terms of the policy (R.S. 22:1295).

Are punitive damages available against an employer in Louisiana?

Arts. 2315.7 and 2315.11 apply only to the perpetrator, not to an employer. For an employee's covered work injury, R.S. 23:1032 makes workers' compensation the exclusive remedy, including as to punitive or exemplary damages, except for intentional acts and unless a statute expressly makes such damages available.