RS 13:3736 Safety standards acts violations; cause determined by trier of fact; not prima facie evidence of negligence; contributing negligence
§3736. Safety standards acts violations; cause determined by trier of fact; not prima facie evidence of negligence; contributing negligence
A. In the trial of any action to recover personal injury or property damage sustained by any party, in which action it appears that any employer acted in violation or failed to act in accordance with any provision of any state or federal occupational safety, health and safety standards act, the question of whether the act or omission of the employer, or his agents, was a cause of the injury or damage is to be determined solely by the trier of fact.
B. The issuance of a citation, the voluntary payment of a civil or criminal penalty by a party charged with a violation, or the judicial assessment of a civil and/or criminal penalty under state occupational safety, health and safety standards act, or any federal occupational safety, health and safety standards act, shall not be prima facie evidence of negligence. The contributory negligence statutes of Louisiana shall apply in these cases as in all other cases of negligence.
Added by Acts 1972, No. 507, §§1, 2.