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…
Articles Posted in Negligence
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…
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…
Increasing a General Damage Award in Louisiana
Life can be upended in an instant. One person’s negligent act can change the trajectory of multiple people’s lives. How much monetary compensation should this negligent, life-altering person be required to pay? Often after a trial court determines a damage award, the award stays the same. But what about when…
Unlit, Unfinished Attic: An Open and Obvious Danger?
There’s a general understanding between a buyer and a seller that the seller will provide the good in an acceptable condition for a buyer. If the product is faulty, then the general understanding is that the seller will take responsibility for making things right as soon as they can. This…
Trial Court Oversteps Authority when Determining the Accuracy of Plaintiff’s Account in Orleans Parish
Construction is a necessary inconvenience. No one enjoys having their travel rerouted due to road construction, but nonetheless, drivers must follow construction signs to safely avoid the temporary hazards road work creates. What happens when a driver doesn’t see the construction signs and drives her car into a large hole…
Slidell Dollar General Not Responsible for Falling Merchandise Injury
Dollar stores carry a wide variety of merchandise, and stacking these items on shelves saves space. When stocking, employees should always take reasonable care to stack items in a safe manner so they do not fall off the shelf and potentially injure shoppers. For one Slidell man, however, an everyday…
Dollar Tree Could be Liable for Parking Lot Robbery after Appellate Court Reverses Summary Judgment Decision
If you are a homeowner, the number of security measures you take to protect your house is likely largely influenced by the safety of your area. For example, if there’s a lot of crime in the area or a lack of good lighting on your street at night, you will…
Asbestos Lawsuit Demonstrates How to Remove a Case to Federal Court
Sometimes, whether your case takes place in federal court or state court may be out of your hands entirely. Other times, it may be possible for the case to take place in either court. In such situations, it is important to understand possible differences and advantages between state and federal…
Leesville Auto Repair Shop Fails to Properly Respond to Lawsuit, Loses
When a party to a lawsuit waits too long to respond to a lawsuit or flat out declines to respond, courts have the ability to resolve the case with a default judgment. This default judgment resolves the case and the non-responding party must live with the court’s decision. While not…