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…
Articles Posted in Negligence
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…
How Important Is Negligence in a Car Accident?
When driving at night, it is always important to make sure your vehicle lights are working, not just so you can see, but also so others can see you. Not only can this simple task avoid an accident, but failure to do so can get you in trouble with the…
Man Injured in the Back of Police Cruiser Loses in Negligence Suit
When one is injured due to the negligence of another, it is reasonable to expect an award of damages. However, the plaintiff must first prove all the elements of negligence. Not only must a plaintiff prove the defendant had a duty of care which the defendant violated, but the plaintiff…
Jury Award of Limited Damages to “Serial Plaintiff” in Personal Injury Case Upheld by the Fifth Circuit Court of Appeals
The Louisiana Supreme Court has recognized that awarding damages for medical expenses without awarding pain and suffering damages, though seemingly inconsistent, is not invalid on its face. See Wainwright v. Fontenot, 774 So.2d 70 (La. 2000). Appellate courts afford juries great deference and disturb verdicts only when they are clearly…