The Housley presumption is a term that is commonly used in discussions among personal injury attorneys in Louisiana. It has become a focal point in debates over insurance rates in the state, with opinions divided on whether it contributes to the high premiums for auto coverage and other policies. The standard is a key factor in determining the level of proof needed to attribute harm or injury to an accident or responsible party in various types of injury cases, including auto accidents, medical malpractice, and toxic exposure.
The origins of the Housley presumption can be traced back to a 1991 decision by the Louisiana Supreme Court in the case Housley v. Cerise. The case involved a pregnant woman who slipped on a wet stairway in a rented townhome, resulting in lifelong injuries to her unborn daughter. Since the ruling, plaintiffs‘ attorneys have often cited the Housley presumption to support their injury claims, particularly in cases where a defendant may argue a pre-existing condition or prior injury could have been a contributing factor.
Opponents of the Housley presumption advocate for a stricter standard of proof, requiring injury victims to provide more concrete evidence of harm rather than relying on a presumption of causation. This proposed shift in the burden of proof has sparked tensions between personal injury attorneys and insurance companies, with insurers seeking to limit their exposure to injury claims by advocating for a higher standard of evidence.
During a recent meeting of the House Committee on Civil Law and Procedure, tensions ran high as state lawmakers engaged in heated exchanges with attorneys over the validity and application of the Housley presumption. Rep. Michael Melerine, an attorney representing insurers, challenged plaintiffs‘ lawyers on the necessity of the presumption, leading to a contentious exchange that prompted a brief recess.
As discussions continue on ways to lower insurance costs in Louisiana, the House Civil Law Committee and other legislative bodies are working towards crafting legislation that addresses the issue. Lawmakers recognize the need for all stakeholders, including insurance companies, lawyers, and medical providers, to make concessions in order to reduce the financial burden on consumers. The goal is to foster uncomfortable conversations and confrontations in order to make meaningful progress in addressing the rising cost of insurance in the state.
In conclusion, the Housley presumption remains a contentious issue in Louisiana’s legal landscape, with implications for insurance rates and the handling of injury claims. As lawmakers and stakeholders continue to grapple with this complex issue, the need for thoughtful dialogue and collaboration becomes increasingly important in finding solutions that benefit all parties involved.