Under Louisiana law, police officers, troopers, and sheriff’s deputies have a duty to take reasonable steps to protect the general public from dangerous situations on the road. This responsibility commonly includes removing foreign objects from the roadway or securing car accident scenes to ensure no further collisions occur. In general,…
Under Louisiana law, the doctrine of sudden emergency is a defense available to a defendant who is confronted with a sudden and unexpected situation of danger and who responds as a reasonably prudent person would under the circumstances. The doctrine serves to limit the defendant’s liability even if it is…
The issue of whether a defendant breached a duty of care owed to the plaintiff in a negligence case is settled by examining the events that occurred in connection with the accident. Unfortunately for many plaintiffs, specific details about the defendant’s conduct may not be readily available and, absent some…
Two tragic interstate car accidents during the weekend of April 9 through the 11th took three lives along Interstates 10 and 55 in two Louisiana Parishes. An Illinois man passed away on Interstate 10 in St. John Baptist Parish after his SUV was struck by a speeding car on Friday,…
Determining fault is central to the resolution of every negligence case. Typically, the plaintiff alleges the defendant’s fault, and it is up to the court to determine whether the plaintiff has carried this burden. In the event that more than just one party was responsible for causing a particular accident,…
Under Louisiana law, store owners are required to exercise reasonable care to keep their stores free from conditions that could be hazardous to customers and visitors. When a customer is injured while browsing the aisles, the merchant’s efforts to maintain a safe premises are often given great scrutiny. To win…
If you have slipped and fallen in a Louisiana store, you may not realize you are not alone. What’s more, you might not understand that you may have the legal rights to make a claim against the store for the incident. Just recently a lawsuit was filed in western Louisiana…
Despite BP’s best efforts, clean-up volunteers will be able to file legal claims against the oil company if they arise. BP tried to force volunteer responders to promise they will not file claims but a federal judge has determined that will not be allowed. George Barisich, President of the United…
A recent Louisiana Court of Appeals decision does a good job of explaining the elements of a medical malpractice claim and some pitfalls that might be encountered along the way. In this case, Jessica Parker of Beau Bridge filed a suit against University Medical Center after she underwent two gall…
Louisiana’s Supreme Court, in an April 2007 opinion, expounded on the vast discretion an appellate court is to give to a jury’s verdict on review. From December 2000 to January 2001, Thurman and Rosemary Kaiser, a married couple in their mid-70s, were involved in three auto accidents – one in…