Decoding the Housley Presumption: Establishing Causation in Louisiana Injury Cases

In Louisiana law, particularly within the context of personal injury litigation, the "Housley Presumption" is a crucial principle concerning the establishment of causation between an accident and a subsequent disability. This presumption is an incredibly important concept and useful tool that shifts the burden of proof in certain situations.

The Housley Presumption, stemming from the Louisiana Supreme Court case Housley v. Cerise, 579 So. 2d 973 (La. 1991), operates under a specific set of conditions. As articulated by legal precedent, "A claimant’s disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterwards, providing that the medical evidence shows there to be a reasonable possibility of causal connection between the accident and the disabling condition."

In simpler terms, if an individual was in good health prior to an accident, and symptoms of a disabling condition arise and persist following the accident, a legal presumption is created that the accident caused the disability. This presumption is contingent upon medical evidence demonstrating a reasonable possibility of a causal link between the accident and the onset of the disabling condition.

This presumption significantly impacts the burden of proof in personal injury cases. Once the injured party establishes their good health before the accident and the subsequent appearance and continuation of disabling symptoms, coupled with medical evidence indicating a possible causal connection, the burden shifts to the defendant to disprove this causal link.

It is important to note that the Housley Presumption is a rebuttable presumption. The defendant can present evidence to demonstrate that the disability was caused by a pre-existing condition, an intervening event, or some other factor unrelated to the accident. However, the initial presumption provides a considerable advantage to the plaintiff in establishing a critical element of their personal injury claim: causation. Understanding the specific requirements and implications of the Housley Presumption is therefore essential for navigating personal injury litigation in Louisiana.