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Articles Posted in Negligence

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Workers Injured During a 2006 Calcasieu Parish Oil Spill Finally Compensated

In the midst of a very active hurricane season, it is important to remember that Louisiana is no stranger to this type of inevitable damage. However, the dangers involved in disaster clean-up efforts are often forgotten, and far too often people who aid in these efforts aren’t compensated fairly when…

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South Louisiana Man Allowed to Bring Lawsuit Against India-Based Company

Lawsuits often appear to be complicated and complex, but what many people don’t know is that the outcome of a lawsuit can often be determined by a simple matter of logistics. The who, what, when, where and why of a situation can make the difference between winning and losing a…

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Louisiana Supreme Court Discusses Allocation of Fault in Slip and Fall Case Out of New Iberia

Owning a business can be a daunting task and often times requires the assistance of outside contractors to complete various maintenance items and to aid in the upkeep of the premises. However, many merchants and customers fail to realize that the merchant may be liable for the actions of a…

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Drive Not Liable for Third Following Car’s Veering onto the Shoulder of the Road

Drivers always have a duty to drive with a standard of care that can ensure the cars immediately around them are safe from a collision. But how far does that duty reach? That was the question when a Parish of Calcasieu man entered the highway from the shoulder which resulted…

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Failure to Inspect Valve Exposes Parish of Jackson Company to Liability for Injuries from Sprayed Acid

When multiple companies work together on a project that causes an injury how is liability decided between the companies? That was the case when two Parish of Jackson truck drivers and their trucks were sprayed with acid from a broken hose. The two companies in charge of the project pointed…

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Parish of Lafayette Found Not Liable for Inmate’s Injury

Law abiding citizen or not, people expect local governments to keep them safe, especially from dangerous conditions on public property.  But, just how much responsibility do local governments have in keeping public grounds safe?  This question was recently answered in a case coming out of Lafayette Parish. On November 15,…

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Judicial Interpretation of Automobile Accident Testimony Given High Deference on Appeal in Case Out of Westwego

Automobile accidents are an unfortunately common occurrence; becoming increasingly more common with the temptations of texting and social media use while driving.   While not all accidents result in life-threatening injuries, they do most often come with at least the headache of assigning fault.  Figuring out who was at fault sometimes…

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Court Rules Pre-Existing Conditions Not A Bar To Recovery for Person injured in Erath

Sometimes judges and juries make mistakes that prevent injured parties from obtaining the relief they deserve. Both judges and juries can be swayed by arguments and make rulings that seem contrary to the weight of the evidence presented at trial. In such a situation, it is important to have an…

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Injured Gym Member’s Claim Denied On Grounds That Member Was A “Sophisticated User”

Many people own a gym membership but upwards of 80% of those people fail to regularly go to the gym. If you find yourself infrequently inside of a gym, it can seem like a strange place. There are many different machines and sometimes it isn’t so clear how to properly…

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Failure of Hospital Staff To Properly Notify Patient of Device Manufacturer Notice Leads to Medical Malpractice Liability

Medical malpractice can be a nuanced area of the law and good lawyers rely on the facts of a case coupled with their knowledge of the law and expert opinions to adequately perform their jobs. The following case illustrates that a competent legal team can make the most out of…

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