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Articles Posted in Miscellaneous

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Injured Ouachita Patient Fails to Meet Burden of Proof in Medical Malpractice Action

When treatment provided by a health care professional falls below the accepted standard of practice in the medical community and causes injury or death to a patient, it is said that medical negligence or medical malpractice has occurred. To establish a claim for medical malpractice, a plaintiff must prove: (1)…

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New Orleans Land Developer Wins and Loses On Appeal

A degree of legal closure has settled following a failed New Orleans housing project and years of litigation. The U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s ruling in a dispute between the developer, Levy Gardens Partners, and its title insurance company, Commonwealth Land Title Insurance…

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Understanding Premises Liability in Louisiana Injury Cases

Over the years, major advances in the field of transportation have made it relatively easy for people to move about the country. Many people find themselves in indefinite living situations, changing jobs, going to college or maybe just moving to a new area. In these types of circumstances, ownership may…

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Public Entities Afforded Special Treatment by the Law in Injury Cases

Public entities, such as the food bank in the City of Kenner, get special treatment when it comes to personal injuries. A plaintiff must prove that a hazard was not open and obvious in order to collect damages for their injuries. The thing must also pose an unreasonable risk of…

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Jurisdiction and the Long-Arm Statute in Louisiana

In order to hear a case, a court must have jurisdiction. Jurisdiction means that the court has legal authorization to hear that case. Without that authorization, parties must go somewhere else to try their case because that court cannot legally hear their arguments. There are two general types of jurisdiction:…

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Liability of Establishment for Attack Outside Examined in Louisiana Case

There is no general duty for a business to protect customers from third party attackers. If someone attacks you outside of a store, for example, the store is usually not responsible for the injuries or damages that occur because of that attack. The Third Circuit Court of Appeal for the…

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Louisiana Court Says Widow of Paper Mill Employee in Mansfield Unable to Recover Damages

The appellate court has affirmed a summary judgment dismissing a widow’s case against Stebbins Engineering and Manufacturing Company. She filed suit after her husband died while he was working at International Paper Company in Mansfield, Louisiana. An employee died when, while attempting to repair a valve on the platform surrounding…

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Westlake Head-on Collision Leads to Serious Injuries, Examination of Responsibility

Throughout Louisiana there are many roads that do not have marked center lines. When an accident occurs on one of these roads, a careful investigation must be made to determine which side of the road the accident occurred on. Then, if a lawsuit is filed, the trier of fact can…

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Employer Had No Duty to Prevent Caregiver’s Lifting Injury

To a certain extent, employers are legally required to guard their employees against the risk of on-the-job injuries. But for an injured employee to prevail in a lawsuit against the employer, the employee must be able to prove that the employer owed him or her a duty to prevent the…

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Nursing Home Injury Leads to Medical Malpractice Claim

Recently, an individual from the Parish of St. Tammany was injured as she was transported from a nursing home to another health-care facility. She fell from her wheelchair when the driver had to slam on his brakes. The wheelchair had neither a seatbelt, nor was the wheelchair strapped down in…

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