Generally, when you have a car accident it is a fender bender, and it is clear to the police and the court what events took place. However, in some situations, the evidence can support different versions, and the parties do not agree on what occurred. Typically, when there are conflicting…
Articles Posted in Negligence
Louisiana Plaintiff Denied Insurance Claim Due to the Definition of Resident
In the law, words matter greatly. How even one word is defined can make or break a lawsuit. However, courts do not allow words to be defined willy-nilly. There are certain methods courts will use to define words. In the case below, we will see how the plaintiff’s case was…
Louisiana Court of Appeal Evaluates Who is at Fault when a Horse and Car Collide
While there are many steps that can be taken to prevent road accidents, accidents still happen. When accidents occur, we are left to determine who is at fault. For many people, automobile insurance is the only lifeline to help them recover from the accident. However, to automobile insurers, the question…
Monroe Tire Store Found Not Liable for Auto Accident Caused by Defective Tire
Caveat Emptor. This is a common consumer warning, more easily recognized in English as “Buyer Beware.” But what if a defective product wasn’t actually bought, but given away for free? Monroe resident Jason Falcon faced this issue. In April 2012, Falcon called several local tire stores looking for a new…
Baton Rouge Doctor Accused of Medical Malpractice Wins Dismissal Due to Plaintiff’s Delay
When you suspect a doctor has provided substandard care for a medical issue, it is important to immediately retain the services of a qualified medical malpractice attorney. Quick action is important because time is not on your side when considering a lawsuit. Here is but one example of how waiting…
Court Denies Recovery for Decedent’s Family in Grand Isle Apartment Fire
When a loved one dies from an avoidable accident, a family’s options for recovery include a wrongful death lawsuit. For this claim to succeed, a family often needs to prove that someone had a duty to protect the decedent but acted negligently in causing this death. For wrongful death lawsuits…
Hammond Convenience Store Ordered to Pay for Customer’s Medical Treatment After Tripping Incident
Under Louisiana law, store owners can be held liable for damages if a customer is injured by an unsafe condition while visiting the premises. In November, 2011, Henry Moore, Jr. visited the Murphy Oil gas station and convenience store in Hammond, Louisiana. After making his purchases at the store’s counter,…
Lafayette Police Shooting Shows the Limits of Officer’s Qualified Immunity
Qualified immunity is a concept that is designed to protect civil servants from lawsuits for their official actions. The “qualification” means that immunity does not operate for actions that are unlawful or that show extreme incompetence. Generally, under Louisiana law, law enforcement officers are entitled to immunity so long as…
Court Overturns Finding of Comparative Fault and Awards Damages
In Louisiana, determining the allocation of fault is an important part of lawsuits because it directly impacts the damages you can be awarded. If you are found 40% at fault, then you will only be able to collect damages for 60% of total damages. Bordelon was employed by Avoyelles Parish…
Court Affirms Award of Damages from Negligent Massage
Imagine going to get a massage and leaving with an injury that forever altered your life. After such an injury, it is difficult to put a dollar value on these injuries. The following lawsuit discusses the types of damages that can be sought by a Plaintiff who believes that they…