Louisiana Civil Liability

[mcinfantry]

might want a sticky?
9:2800.19
http://www.legis.state.la.us/lss/lss.asp?doc=408383

9§2800.19. Limitation of liability for use of force in defense of certain crimes
A. A person who uses reasonable and apparently necessary or deadly force or violence for the purpose of preventing a
forcible offense against the person or his property in accordance with R.S. 14:19 or 20 is immune from civil action for the use
of reasonable and apparently necessary or deadly force or violence.
B. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses to the
defendant in any civil action if the court finds that the defendant is immune from suit in accordance with Subsection A of this
Section.
Acts 2006, No. 786, §1.

9:2800.10
http://www.legis.state.la.us/lss/lss.asp?doc=107252

9§2800.10. Immunity from liability for injuries sustained while committing a felony offense
A. No person shall be liable for damages for injury, death, or loss sustained by a perpetrator of a felony offense during the
commission of the offense or while fleeing the scene of the offense.
B. The provisions of this Section shall apply regardless of whether the injury, death, or loss was caused by an intentional or
unintentional act or omission or a condition of property or a building. However, the provisions of this Section shall not apply
if injury to or death of a perpetrator results from an intentional act involving the use of excessive force.
C. For purposes of this Section "damages" includes all general and special damages which may be recoverable for personal
injury, death, or loss of or damage to property, including those otherwise recoverable in a survival or wrongful death action.
Acts 1996, 1st Ex. Sess., No. 46, §1.

 

[posse comatosis]

Best to check the annotations for changes before relying on any statute as published in the green books. Unfortunately, those do not seem to be online. Hardcopy annotations are available from Claitors Bookstore in Baton Rouge.

 

[mcinfantry]

Best to check the annotations for changes before relying on any statute as published in the green books. Unfortunately, those do not seem to be online. Hardcopy annotations are available from Claitors Bookstore in Baton Rouge.

i appreciate your concern and point taken. if you havent noticed i really go out of my way to post accurate and factual information.

i dont take or quote state law from any source other than http://www.legis.state.la.us/lss/tsrssearch.htm

i know better. hardcopy annotations are no more current than the state legislature website
9:2800.19
http://www.legis.state.la.us/lss/lss.asp?doc=408383
9:2800.10
http://www.legis.state.la.us/lss/lss.asp?doc=107252

i bought a current law book EVERY year from dan claitor. i would read it too.

 

[TDH]

If you guys need updates on stuff form time to time I have Westlaw and LexisNexis access and have to buy the code books every year anyway. Just shoot me a PM with what you need.

 

[XD-GEM]

If you guys need updates on stuff form time to time I have Westlaw and LexisNexis access and have to buy the code books every year anyway. Just shoot me a PM with what you need.

Wanna shake up a few folks? Post State v Chandler, State v Fluker, and State v Ferrand - all LASC decisions.

 

[bayoutrigger]

Louisiana Firearm Law Information

 

[posse comatosis]

TDH, if you don't mind, please check this:

http://www.legis.state.la.us/lss/lss.asp?doc=86910

against Westlaw or Lexis Nexus for LRS 30:103.1 and see if they read the same, and if there are annotations present which are not reproduced on the Louisiana Legislature site.

Thanks.


I would also like to call attention to 9:2800.10(B)

<<<The provisions of this section shall not apply if injury to or death of a perpetrator results from an intentional act involving the use of excessive force>>>

What, pray tell, is the definition of excessive force? If I'm walking behind some guy in the mall who suddenly pulls out a gun and begins shooting people at random and I pull out a .44 MAGNUM and blow away the area behind his left ear with a 260 grain or some such hollowpoint bullet and brain matter winds up splattered on the ceiling of The Galleria, is that excessive force when I could just as well take him out in a like manner with a KelTec P32 firing a single 71 grain round nose bullet? Like, WTF??? What G.D. difference does it make?

 

[mcinfantry]

same as http://law.justia.com/louisiana/codes/15/86910.html

 

[TDH]

TDH, if you don't mind, please check this:

http://www.legis.state.la.us/lss/lss.asp?doc=86910

against Westlaw or Lexis Nexus for LRS 30:103.1 and see if they read the same, and if there are annotations present which are not reproduced on the Louisiana Legislature site.

Thanks.


I would also like to call attention to 9:2800.10(B)

<<<The provisions of this section shall not apply if injury to or death of a perpetrator results from an intentional act involving the use of excessive force>>>

What, pray tell, is the definition of excessive force? If I'm walking behind some guy in the mall who suddenly pulls out a gun and begins shooting people at random and I pull out a .44 MAGNUM and blow away the area behind his left ear with a 260 grain or some such hollowpoint bullet and brain matter winds up splattered on the ceiling of The Galleria, is that excessive force when I could just as well take him out in a like manner with a KelTec P32 firing a single 71 grain round nose bullet? Like, WTF??? What G.D. difference does it make?

FOR EDUCATIONAL USE ONLY
LSA-R.S. 30:103.1

West's Louisiana Statutes Annotated Currentness
Louisiana Revised Statutes
Title 30. Minerals, Oil, and Gas and Environmental Quality (Refs & Annos)
Subtitle I. Minerals, Oil, and Gas (Refs & Annos)
View the full text of all sections at this level Chapter 2. Leases and Contracts (Refs & Annos)
View the full text of all sections at this level Part I. Leases in General (Refs & Annos)
Current Section§ 103.1. Operators and producers to report to owners of unleased oil and gas interests


A. Whenever there is included within a drilling unit, as authorized by the commissioner of conservation, lands producing oil or gas, or both, upon which the operator or producer has no valid oil, gas, or mineral lease, said operator or producer shall issue the following reports to the owners of said interests by a sworn, detailed, itemized statement:

(1) Within ninety calendar days from completion of the well, an initial report which shall contain the costs of drilling, completing, and equipping the unit well.

(2) After establishment of production from the unit well, quarterly reports which shall contain the following:

(a) The total amount of oil, gas, or other hydrocarbons produced from the lands during the previous quarter.

(b) The price received from any purchaser of unit production.

(c) Quarterly operating costs and expenses.

(d) Any additional funds expended to enhance or restore the production of the unit well.

B. No operator or producer shall be required under the provisions of this Section to report any information which is not known by such operator or producer at the time of a report. However, the operator or producer shall report the required information to the owner of the unleased interest within thirty days after such information is obtained by the operator or producer, or in the next quarterly report, whichever due date is later.

C. Reports shall be sent by certified mail to each owner of an unleased oil or gas interest who has requested such reports in writing, by certified mail addressed to the operator or producer. The written request shall contain the unleased interest owner's name and address. Initial reports shall be sent no later than ninety calendar days after the completion of the well. The operator or producer shall begin sending quarterly reports within ninety calendar days after receiving the written request, whichever is later, and shall continue sending quarterly reports until cessation of production.

D. Notwithstanding any other provision of this Section to the contrary, at the time a report is due pursuant to this Section, if the share of the total costs of drilling, completing, and equipping the unit well and all other unit costs allocable to an owner of an unleased interest is less than one thousand dollars, no report shall be required. However, during January of the next calendar year, the operator or producer shall report such costs to the owner.

CREDIT(S)

Added by Acts 1950, No. 387, § 1. Amended by Acts 2001, No. 973, § 1.

HISTORICAL AND STATUTORY NOTES

2007 Main Volume

Acts 2001, No. 973, § 1, rewrote this section, which had read:


“Whenever there is included within a drilling unit, as authorized by the commissioner of conservation, lands producing oil or gas, or both, upon which the operator or producer has no valid oil, gas or mineral lease, said operator or producer shall report to the owners of said interests, by a sworn, detailed, itemized statement, the costs of the drilling operations of said unit within ninety calendar days from the completion of the well. Reports shall be sent by registered mail to each owner of an unleased oil or gas interest who has requested such report and furnished his name and address to the operator or producer.”



LIBRARY REFERENCES

2007 Main Volume

Mines and Minerals Key Symbol92.78.


Westlaw Topic No. 260.


C.J.S. Mines and Minerals §§ 349, 357 to 361, 384 to 386.



NOTES OF DECISIONS

Drilling expenses 2

Purpose 1

Waiver of notice 3


1. Purpose

Purpose of this section requiring unit operator to report costs of drilling operations to owner of producing lands within drilling unit within 90 days from completion of well and R.S. 30:103.2 providing that whenever operator permits 15 additional days to elapse from date of receipt of notice of failure to comply with statute requiring the reporting of costs, the operator shall forfeit right to demand contribution was to provide procedures by which owner of unleased lands in drilling or production unit could have the amount of drilling costs fixed, so that the remaining proceeds of sale of production could be released and he could obtain his proportionate part of those proceeds without too great a delay. Scurlock Oil Co. v. Getty Oil Co., App. 3 Cir.1975, 324 So.2d 870. Mines And Minerals Key 92.80

2. Drilling expenses

Where party who drilled and operated oil well on, lands upon which he had no valid oil, gas or mineral lease had right to receive well proceeds until his drilling costs and operating expenses were paid, owner of unleased 40% interest in land had no prior right to proceeds of well and purchaser of well's production was therefore entitled to pay to operator well costs from owner's share of production. Scurlock Oil Co. v. Getty Oil Co., App. 3 Cir.1977, 344 So.2d 1134. Mines And Minerals Key 92.80

3. Waiver of notice

Statement in letter from mineral interest owners to operator of forced drilling unit, that owners considered operator's previously requested response to owners' demand for information “evidence of good faith” on part of operator, did not preclude owners from asserting their rights under this section; even if statement in owners' letter constituted waiver, it was obtained by false and inaccurate information provided in operator's letter. Rivers v. Sun Oil Co., App. 2 Cir.1987, 503 So.2d 1036, writ denied 505 So.2d 58. Mines And Minerals Key 92.80

LSA-R.S. 30:103.1, LA R.S. 30:103.1

 

[TDH]

TDH, if you don't mind, please check this:

http://www.legis.state.la.us/lss/lss.asp?doc=86910

against Westlaw or Lexis Nexus for LRS 30:103.1 and see if they read the same, and if there are annotations present which are not reproduced on the Louisiana Legislature site.

Thanks.


I would also like to call attention to 9:2800.10(B)

<<<The provisions of this section shall not apply if injury to or death of a perpetrator results from an intentional act involving the use of excessive force>>>

What, pray tell, is the definition of excessive force? If I'm walking behind some guy in the mall who suddenly pulls out a gun and begins shooting people at random and I pull out a .44 MAGNUM and blow away the area behind his left ear with a 260 grain or some such hollowpoint bullet and brain matter winds up splattered on the ceiling of The Galleria, is that excessive force when I could just as well take him out in a like manner with a KelTec P32 firing a single 71 grain round nose bullet? Like, WTF??? What G.D. difference does it make?

FOR EDUCATIONAL USE ONLY
LSA-R.S. 9:2800.10

West's Louisiana Statutes Annotated Currentness
Louisiana Revised Statutes
Title 9. Civil Code Ancillaries
Code Book III. Of the Different Modes of Acquiring the Ownership of Things
View the full text of all sections at this level Code Title V. Of Quasi Contracts, and of Offenses and Quasi Offenses
View the full text of all sections at this level Chapter 2. Of Offenses and Quasi Offenses (Refs & Annos)
Current Section§ 2800.10. Immunity from liability for injuries sustained while committing a felony offense


A. No person shall be liable for damages for injury, death, or loss sustained by a perpetrator of a felony offense during the commission of the offense or while fleeing the scene of the offense.

B. The provisions of this Section shall apply regardless of whether the injury, death, or loss was caused by an intentional or unintentional act or omission or a condition of property or a building. However, the provisions of this Section shall not apply if injury to or death of a perpetrator results from an intentional act involving the use of excessive force.

C. For purposes of this Section “damages” includes all general and special damages which may be recoverable for personal injury, death, or loss of or damage to property, including those otherwise recoverable in a survival or wrongful death action.

CREDIT(S)

Added by Acts 1996, 1st Ex.Sess., No. 46, § 1.

HISTORICAL AND STATUTORY NOTES

1997 Main Volume

Pursuant to the statutory revision authority of the Louisiana State Law Institute, in this section as enacted in 1996, in subsec. C, the format was changed by deleting the colon following “Section”, deleting the par. (1) designation and making a corresponding capitalization change.



RESEARCH REFERENCES

2008 Electronic Update

Treatises and Practice Aids

12 LA Civil Law Treatise § 1.18, The 1996 Tort Revision.

12 LA Civil Law Treatise § 19.1, Introduction.

12 LA Civil Law Treatise § 19.7, Miscellaneous Changes.

NOTES OF DECISIONS

Construction and application 1

Retroactive application 2


1. Construction and application

Energy company was entitled to introduce evidence of decedent's prior convictions for simple burglary in wrongful death action brought after decedent was electrocuted by company's equipment in transformer vault in attempt to prove that decedent was engaged in a felony and thus was barred from recovery, where energy company sought to use prior convictions to show motive, opportunity and intent in attempted burglary of vault, police captain produced certified records of four prior convictions, crimes were similar to alleged present offense, and decedent's intent when he entered vault was a crucial issue. Kirkland v. Entergy New Orleans, Inc., App. 4 Cir.2001, 779 So.2d 42, 2000-2542 (La.App. 4 Cir. 1/17/01). Evidence Key 134

2. Retroactive application

Newly enacted statute which provided that no person shall be liable for damages for injury or death sustained by a perpetrator of felony offense during commission of offense was substantive since it affected existing rights of persons having cause of action in tort under comparative fault regime, and because employee's electrocution death, while attempting to salvage metal from abandoned electrical substation on employer's property, occurred prior to statute's effective date, the newly enacted statute could not be applied retroactively with respect to negligence action brought by employee's relatives against employer and city. Street v. Louisiana Pacific Corp., App. 2 Cir.2002, 829 So.2d 450, 36,352, 36,353 (La.App. 2 Cir. 9/18/02), writ denied 831 So.2d 988, 2002-2580 (La. 12/13/02), writ denied 831 So.2d 993, 2002-2676 (La. 12/13/02). Electricity Key 1

LSA-R.S. 9:2800.10, LA R.S. 9:2800.10

Current through the 2008 Regular Session

 

[posse comatosis]

Well, it certainly appears mcinfantry crosses his t's and dots his i's. I did not expect to find such legal thoroughness on this board, much less in an obscure publication maintained online by the the Louisiana State Legislature. Reckon I expected more about beer, shooting gators and riding in boats.Especially from the Legislature. Many thanks to TDH for his help in sorting this out.

 

[XD-GEM]

posse,
You can dis the Legislature all you want, but their website is outstanding and has won some awards. It appears that Louisiana is in the forefront here, but no one would believe it!

 

[posse comatosis]

I will say Louisiana is out in front in many respects with numerous state websites. One of the best being at the Dept. of Natural Resources.

Another is the Dept. of Transportation and Development. If only the later were as well run as it's website. The people of Louisiana would literally crap in their pants if they knew the extent of graft, corruption, incompetence, faulty work and excessive project costs at the DOTD. The old addage is right. Don't judge a book by it's cover.