When items of special damage are claimed, they shall be specifically alleged.
Art. 861.Same; Special Damage
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 1. General Dispositions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 861 requires a party claiming items of special damage to allege them specifically, rather than relying on a general claim for damages to cover them.
Full Text of Art. 861
Plain-English Summary
Special damages are losses that do not follow automatically from the wrong alleged, so a fact-finder cannot infer them from the injury itself — a particular medical bill, a specific repair cost, or a defined amount of lost income, for example. That contrasts with general damages, like pain and suffering, which a judge or jury can infer without an itemized list.
Because special damages are not presumed, Article 861 requires them to be specifically alleged. The defendant needs fair notice of exactly what is being claimed so it can investigate the amount, dispute it, and prepare for trial on that particular item. A vague, catch-all damages claim does not give the defendant that notice.
In practice, this means listing out medical expenses, property repair costs, lost wages, and similar figures by category rather than folding them into a general prayer for damages. A claim for special damages that is not specifically pled risks being limited to what the petition itemized.
Frequently Asked Questions
What counts as special damages under Louisiana law?
Losses that do not follow automatically from the wrong alleged and so are not presumed, such as specific medical bills, repair costs, or lost income, as opposed to general damages like pain and suffering.
Do I have to list my medical bills in the petition?
Yes, if they are being claimed as special damages. Article 861 requires items of special damage to be specifically alleged rather than covered by a general damages claim.
What is the difference between special and general damages in Louisiana?
Special damages must be specifically alleged because they do not flow naturally from the injury; general damages, which a fact-finder can infer from the injury itself, do not require that same itemization.
What happens if special damages are not specifically pled?
Recovery on that item can be limited to what was specifically alleged, since Article 861 does not let a general damages claim substitute for a specific one.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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