Art. 2315.1. Survival action
A. If a person who has been injured by an offense or quasi offense dies, the right to
recover all damages for injury to that person, his property or otherwise, caused by the offense
or quasi offense, shall survive for a period of one year from the death of the deceased in favor
of:
(1) The surviving spouse and child or children of the deceased, or either the spouse
or the child or children.
(2) The surviving father and mother of the deceased, or either of them if he left no
spouse or child surviving.
(3) The surviving brothers and sisters of the deceased, or any of them, if he left no
spouse, child, or parent surviving.
(4) The surviving grandfathers and grandmothers of the deceased, or any of them,
if he left no spouse, child, parent, or sibling surviving.
B. In addition, the right to recover all damages for injury to the deceased, his
property or otherwise, caused by the offense or quasi offense, may be urged by the deceased's
succession representative in the absence of any class of beneficiary set out in Paragraph A.
C. The right of action granted under this Article is heritable, but the inheritance of
it neither interrupts nor prolongs the prescriptive period defined in this Article.
D.(1) As used in this Article, the words "child", "brother", "sister", "father",
"mother", "grandfather", and "grandmother" include a child, brother, sister, father, mother,
grandfather, and grandmother by adoption, respectively.
(2) As used in this Article, the words "child", "brother", and "sister" include a child,
brother, or sister given in adoption, respectively.
E. For purposes of this Article, a father or mother who has abandoned the deceased
during his minority is deemed not to have survived him.
Acts 1986, No. 211, §2; Acts 1987, No. 675, §1; Acts 1997, No. 1317, §1, eff. July
15, 1997; Acts 2022, No. 718, §1.