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Articles Posted in Negligence

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Workers’ Compensation Claim Denied For Failure To Seek Preapproval

It can be a long road to recovery from a work-related injury. If you or a loved one suffered an injury on the job, it is crucial to understand the workers’ compensation system to comply with all the requirements to receive any compensation to which you are entitled.  Carl Gabriel…

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Drivers of Emergency Vehicles Held to Unique Standard of Care in Louisiana

Despite stringent rules and regulations designed to keep unlicensed drivers off the road, minors often find their way behind the wheel. Police in Gonzales, Louisiana, were forced to reckon with the seriousness of such a driver when a high-speed police chase on Interstate 10 turned deadly in May of 2004.…

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A Doctor’s Indiscretion or Abuse of Discretion? Louisiana Supreme Court Weighs In

Sickness often begets a doctor’s visit, and sometimes severe illness calls for a trip to the emergency room. So when parents, David Pitts, Jr. and Kenyetta Gurley, arrived at Hood Memorial Hospital in Amite City, Louisiana, with their daughter, Lyric, it’s likely neither expected to leave there without their daughter’s…

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Injuries from a Collapsed Balcony in Slidell Not Covered by Landlord’s Insurance

Knowing what is in an insurance agreement can determine whether or not you are covered for different injuries. If a buyer signed a policy, did not ensure that certain aspects were covered, and then never bothered to check or revise the policy, this person will likely be held accountable for…

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St. Charles Parish Bar Owner Not Liable for Car Accident Caused by Intoxicated Patron

The history of American jurisprudence is filled with various attempts by state legislatures and courts to grapple with the issue of liability that should be imposed on those in the business of serving alcohol. On the one hand, it makes logical sense to hold bars responsible for profiting from serving…

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Who is Liable for a Slip and Fall Accident in Louisiana, the Landlord or Tenant?

A customer sustaining severe and permanent injuries from a slip and fall accident at a business can cause one to wonder about the potential liability of the business owner. This can become even more complex in a situation where the business owner has leased the unit from the party that…

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Injured Worker’s Lawsuit Rejected for Failing to Show Any Genuine Issue of Material Fact

Most court cases do not proceed to actual trial. In the context of criminal cases, the defendants often accept plea deals. In the context of civil cases, however, parties often settle or the case is simply dismissed through motion practice. For a plaintiff to succeed in a civil case, he…

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Baton Rouge Parent Denied Compensation Resulting from Son Abandoned on School Bus

How much of an award or compensation could a parent expect when a school board is found liable for inflicting trauma on a child? A trauma to a child would have a profound effect on the parent as well as the child. Is it not reasonable to expect the school…

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Baton Rouge Restaurant Owner Not Responsible for Slip and Fall Accident

The following scenario is not uncommon. Person enters restaurant without incident.  Same person exits restaurant, fails to notice the one-step curb just beyond the door, falls, gets injured, and files a lawsuit against the restaurant.  When is a restaurant owner responsible for such an incident? A recent case out of…

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