Louisiana § RS 38:2195 - Prohibited provisions
Full text of Louisiana Louisiana Civil Code § RS 38:2195 — Prohibited provisions, with citation guidance and answers to common questions.
§ RS 38:2195. Prohibited provisions
A. It is hereby declared that any provision contained in a public contract, other than a provision naming another as a coinsured or additional beneficiary in a contract of insurance, which requires a public entity to assume liability for damages arising out of injuries or property damage to the contracting parties or to third parties caused by the negligence of anyone other than the public body, its employees, or agents, is contrary to the public policy of the state of Louisiana. Any and all such provisions in any and all public contracts issued on or after October 1, 1988, are null and void.
B. It is hereby declared that any provision contained in a public contract, other than a provision naming another as a coinsured or additional beneficiary in a contract of insurance, which requires a contracting private party to assume liability for damages arising out of injuries or property damage to a public entity caused by the negligence of anyone other than the contracting private party, its employees, or agents, is contrary to the public policy of the state of Louisiana. Any and all such provisions in any and all public contracts shall be null and void.
C. The provisions of this Section shall be inapplicable with respect to intrastate intergovernmental contracts and to contracts with private providers for the placement and care of persons in the custody of the state.
D. The provisions of this Section shall not apply to contracts between any public entity and the owner of immovable property when the purpose of the contract is to grant the public entity a servitude, right of way, or other authority to go upon, construct works, perform activities, or otherwise exercise control over or use the owner's property.
Acts 1991, No. 734, §1; Acts 1991, No. 1044, §1; Acts 2023, No. 379, §1.
Frequently Asked Questions About Louisiana § RS 38:2195
What does Louisiana Civil Code § RS 38:2195 cover?
Section RS 38:2195 ("Prohibited provisions") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Louisiana § RS 38:2195?
A common citation format is "Louisiana Civil Code § RS 38:2195" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Louisiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.
How does Louisiana § RS 38:2195 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.