Louisiana § RS 45:1098 - Freight loss or damage; damages for failure to adjust and pay

Full text of Louisiana Louisiana Civil Code § RS 45:1098 — Freight loss or damage; damages for failure to adjust and pay, with citation guidance and answers to common questions.

§ RS 45:1098. Freight loss or damage; damages for failure to adjust and pay

If the common carrier fails to adjust and pay the claim within the periods respectively prescribed in R.S. 45:1097, such failure shall subject the common carrier to a penalty of fifty dollars for each failure to be recovered by any consignee aggrieved.

Unless the consignee recovers in his action the full amount claimed, no penalty shall be recovered, but only the actual amount of loss or damage with legal interest as set forth in R.S. 45:1097.

No common carrier shall be liable under this Section or under R.S. 45:1097 for freight or property which never came into its possession.

Source: official Louisiana text · Last verified 2026-08-27

Related Louisiana Legal Topics

Frequently Asked Questions About Louisiana § RS 45:1098

What does Louisiana Civil Code § RS 45:1098 cover?

Section RS 45:1098 ("Freight loss or damage; damages for failure to adjust and pay") 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 45:1098?

A common citation format is "Louisiana Civil Code § RS 45:1098" (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 45:1098 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.