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mitigating circumstancesUnited States · Louisiana (Statewide)Difficulty: Easy

Force Majeure / Cas Fortuit – La. C.C. art. 1873

Louisiana civil law recognises force majeure (fortuitous event / cas fortuit) under La. C.C. art. 1873–1875: an obligor is not liable when performance is prevented by an irresistible force or cause not imputable to him. In parking context: hurricane evacuations (frequent in Louisiana), flash flooding, mandatory shelter-in-place orders, vehicle theft, sudden medical emergency. Louisiana civil law's force majeure doctrine is more developed than common-law impossibility and is regularly applied to municipal obligations.

Legal basis

La. C.C. art. 1873–1875; La. R.S. §29:721 et seq. (Disaster Act – evacuations)

Sample appeal wording

Central Adjudication Bureau / [Parish] Court Re: Citation [CITATION_NUMBER] – [DATE] CONTEST – FORCE MAJEURE / CAS FORTUIT (La. C.C. art. 1873) On [DATE], my compliance with the parking regulation was prevented by a fortuitous event: [• Hurricane [NAME] – Governor's mandatory evacuation order [ORDER#] for [PARISH] • Flash flood event – NWS warning at [TIME] • Vehicle theft – NOPD report [#] • Acute medical emergency – Hospital admission record • Other: ___________]. Under La. C.C. art. 1873, '[a]n obligor is not liable for his failure to perform when it is caused by a fortuitous event that makes performance impossible.' The above event was irresistible and not imputable to me. Documentation attached. I request dismissal. [NAME] | [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • La. C.C. art. 1873–1875
  • La. R.S. §29:721 et seq.
  • National Weather Service / NHC bulletins

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