Most Louisiana residents understand the liability they may incur if they do not properly fence a backyard pool. But what about other, less obvious drowning hazards, such as a church’s baptismal pool? Who is held accountable for the failure to protect children from falling in? Typically, a church is part…
Articles Posted in Negligence
Louisiana Department of Transportation Avoids Liability in Multi-Car Pile-Up Case
It is all too easy to forget just how dangerous driving can be. In addition to human factors such as sleepiness, being distracted, and stress, there is also the unpredictability of the road. Uncontrollable circumstances such as the weather or wild animals that dart into traffic can turn a regular…
New Orleans Trip-and-Fall Case Highlights the Perils of Summary Judgment
Generally, when an accident occurs on a property that is the result of the property owner’s negligence, it is presumed that the property owner is liable for the person’s injury. However, when liability does not exist, a motion for summary judgment is a procedural device that the defendant in a…
Baton Rouge Patient Awarded Damages After Extremely Rough Swedish Massage, Part 1: Determination of Negligence
A therapeutic massage can offer many medical benefits. But if the massage therapist uses too much force, or applies force in an inappropriate way, severe injury to the patient can result. In such cases, an experienced personal injury attorney may be needed in order for the patient to recover damages…
Bench and Lawsuit Collapse for Gretna, Louisiana Woman Against Local Flooring Store
Imagine shopping for flooring on a Saturday. The store is crowded and the samples of luxury vinyl tile are starting to all look the same. The flooring store has graciously placed a bench in the showroom. Much to everyone’s embarrassment, however, the bench collapses under the weight of a patron.…
Slidell, Louisiana Slip and Fall Case Fails to Stand Up Under Summary Judgment
Slip and fall cases seem to go with grocery stores like peanut butter goes with jelly. With all that slick inventory, it is surprising there are not more accidents. Who is responsible for injuries from these accidents? As with many legal issues, it is complicated. For one man out of…
She Snoozed, She Lost: Time-Barred Personal Injury Claims in Louisiana
No one wants to think about how to find a good lawyer or whether they should file a lawsuit after they’ve been injured. Most likely, they are preoccupied with trying to heal. But it is critical to keep in mind that many claims may be time-barred, and a lawsuit cannot…
Officer Immunity for Damages to Third Party While in Pursuit of Suspect Affirmed
A police pursuit of a suspect can be a dangerous scenario for all individuals in the vicinity of the pursuit. But what happens when the officer collides with a party while in pursuit, and your car is then struck due to the first accident? The First Circuit Court of Appeal…
Jail Nurses Protected by Qualified Immunity in Louisiana
When our loved one is under the care of others, we expect him or her to be free from pain and neglect. Unfortunately, the authorities in charge of our loved one can make mistakes, and sometimes, the mistakes can be fatal. In such cases, we would likely blame the authorities…
Lafayette Parish School Board Found Liable for School Bus Wrongful Death Lawsuit
Losing a child is always an extremely difficult experience for a parent to go through, and it is even more difficult when the death is a result of negligence. Normally when negligence occurs, the parents bring forth a wrongful death lawsuit against the negligent party. On March 14, 2011, six-year-old…