Entrusting a child to the care of a school bus requires a certain amount of faith that they will arrive at the correct destination, safely. For any parent or guardian this evokes a certain amount of anxiety. For a parent with a special needs child, this act of faith likely…
For a negligence lawsuit to have any chance of survival, an essential element is to show the plaintiff had damages. Often these damages are obvious physical injuries. Sometimes however, damages claimed are for emotional distress. Due to its intangible nature, emotional distress can be extremely difficult to prove and a…
Car accidents can have long-lasting effects that are not immediately apparent at the time of the accident. Victims may initially report that they do not suffer from pain, only to be struck with it days, weeks, or even months later. This pain can have debilitating effects on one’s current and…
Life deals some people a tough hand. For Geneva Fils, a Louisiana infant in the foster care system, a car crash and severe injuries followed by a lengthy lawsuit added to her list of problems. The Louisiana Department of Social Services (now known as the Department of Children and Family…
Generally, individuals expect that when on the premises of a public entity, the land has been safely maintained and there is a low risk of becoming injured. If an individual did become injured, he or she would expect to be reasonably compensated for any injuries. However, in Louisiana, premises liability…
Most customers do not expect to be hurt by store merchandise when they go shopping. Yet, each year dozens of individuals are injured due to “falling merchandise.” The following Louisiana First Circuit Court of Appeal (“the Court”) case is a perfect example of what happens when an individual seeks legal…
For a plaintiff to prove a negligence case, he or she must prove, among other things, that the defendant owed a legal duty to the plaintiff. See La. C.C. art. 2315 (2016). Often, this element of negligence is overlooked and taken for granted which can lead to dismissal of the…
Think before you act. We have all heard this advice. But, thinking before you act can be difficult. Sometimes, emotions and the heat of the moment prompt you to react before you think. A common example of this occurrence is in road rage altercations. It is easy to get upset…
When bringing a personal injury lawsuit a plaintiff must prove that the defendant in the lawsuit caused the injury. Often, when an injury involves two parties, the question of who caused the injury has a relatively straightforward answer. However, problems arise when the circumstances surrounding the injury involve multiple parties.…
What do injured parties do when products are defective and unreasonably damaged? In Louisiana, injured parties may file lawsuits against a manufacturer for damages caused by his products. The following case out of the Western District of Louisiana describes the Louisiana Products Liability Act (“LPLA”). In mid-2011, Toby Arant purchased…