A wrongful death action lawsuit can be difficult for an individual to have to deal with. But what happens when a clerk that stamps the lawsuit stamps a date that does not exist? What do you do when the Clerk makes this error? The Third Circuit Court of Appeal for…
Articles Posted in Negligence
What Happens When You Slip and Fall in a Restaurant in Louisiana?
Ms. Sayre was a guest at the L’Auberge Casino Resort in Lake Charles when she tripped and fell while walking in front of the hotel restaurant. Based on the video footage of the accident, there were witnesses to the slip and fall; however, the hotel failed to document anything or…
When Should You Ask For Summary Judgement in a Personal Injury Case?
When most people think of filing a lawsuit, they expect to attend a trial in a court where a judge and jury decide the outcome of the case. However, most of the time cases are decided long before a trial is reached. One of the legal mechanisms for ending a…
Are You Entitled to a Claim If You Fall In A Grocery Store?
Most people believe that if you suffer a slip and fall accident in a store, you will most likely be entitled to some level of compensation. Unfortunately, that is not always the case. After a slip and fall accident occurring because of what Regina Williams described as a “puddle of…
What Is The Difference Between A Miscommunication and Fraud In A Medical Malpractice Claim?
There is nothing more frightening than going to the emergency room with no sense of what is happening to your body. We believe that the hospital is our safe haven; that the physicians are sincere and will provide us with the care we need to get us back on…
How Can An Employer Make Sure They Are Only Covering Their Employees Negligence?
When one is injured by an employee’s negligence, it is reasonable to expect an award of damages from the employer. When an injured party files a lawsuit, however, the plaintiff must prove that the one who caused his injuries was indeed an employee of the business. For most cases, this…
When You Fall off a Ladder Whose Fault Is It?
When you ask a friend for a favor, whether it is for a ride to the airport or for help cleaning up a room, you never expect that you will end up facing off against each other in a lawsuit. However, when you do end up in such an unfortunate…
Can You Sue For Injuries Received On Workout Equipment?
Summary judgment is a judgment entered by a court for one party and against another party without a full trial. More specifically, summary judgment may be granted where the legal claim or cause of action can be decided upon certain facts without a trial. Can you receive summary judgement in…
What Happens When a Tree Falls On My Car While I’m Driving?
The state is not a guarantor of the safety of motorists using their roads, meaning you must be vigilant and careful while driving. See Thompson v. State of Louisiana, 701 So.2d 952 (La. 1997). But what happens when something falls on your car while you are driving on a public…
Elayne Hunt Correctional Facility Negligence Leads to Payout for Inmate
Can an inmate be awarded damages from an injury caused by the employees of the correctional facility? According to the 5th Circuit Court of Appeal, the answer is yes. Mr. Miller was an inmate at Elayne Hunt Correctional Facility when an employee of the facility pulled him out of his…