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Louisiana Revised Statutes Tit. 9, § 2791.1. Limitation of liability for commercial motor vehicles

Current as of January 01, 2023 | Updated by Findlaw Staff

A. For purposes of this Section:

(1) “Commercial motor vehicle” means a motor vehicle used in commerce to transport passengers or property. This definition shall also include a motor vehicle rental agency as provided by 49 U.S.C. 30106.

(2) “Optional equipment” means equipment or a component part of a commercial motor vehicle that:

(a) Was not required to be installed or equipped on the commercial motor vehicle under the Federal Motor Vehicle Safety Standards as provided by 49 CFR 571 at the time that the commercial motor vehicle was manufactured or sold, whichever occurred last.

(b) Was not required by law to be installed on the commercial motor vehicle issued after the vehicle was manufactured or first sold.

B. No individual shall have a cause of action against an owner, a lessor, or an operator of a commercial motor vehicle, or a person renting or leasing the commercial motor vehicle, for failure to install optional equipment on a commercial motor vehicle.

C. The provisions of this Section do not apply to a vehicle involved in an accident after failure to comply with a law requiring a mandatory recall.

D. The owner of a commercial motor vehicle shall have no duty to install optional equipment. Additionally, the absence of optional equipment shall not be admissible to establish the owner's negligence.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 9, § 2791.1. Limitation of liability for commercial motor vehicles - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-9-sect-2791-1/

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