Art. 2897.  Loss caused by fortuitous event

When the thing lent is damaged by a fortuitous event from which the borrower could have protected the thing lent by using a thing of his own or, when being unable to preserve both things, the borrower chose to preserve a thing of his own, he is liable for the damage to the thing lent.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.