It is no secret that a lawsuit has the potential to become a tangled web of procedural issues. This is why it is always a good idea to secure a good attorney with experience in dealing with the court system. Perhaps less common is the situation where the judge, the…
Articles Posted in Negligence
Man Who Fell Off Lawn Tractor Loses Lawsuit Against Home Depot Due to Lack of Evidence
When an accident occurs, it’s often difficult to determine what actually happened until the aftermath, but in the justice system, piecing a puzzle together and drawing conclusions based on little remaining evidence rarely constitutes enough of a basis to file a lawsuit. As the court said in the case of…
Court Denies Qualified Immunity Protection to Police Officer Who Made False Arrest After Injuring Sports Fan
Do you know your constitutional rights? In 2014 one-third of Americans were unaware of their First Amendment rights according to a Newseum Institute survey. This is an alarming truth that we, as citizens, must face. Here are some questions I pose to you: Do you know your Fourth Amendment rights?…
Can Reasonable Minds Agree? Louisiana Court of Appeal Declines to Question District Court Dismissal
Reasonable minds could perhaps agree that “reasonableness” is a word not easily defined. What is reasonable to one person may or may not be reasonable to another. Yet, “reasonableness” is often the term used to measure the soundness of lower courts’ decisions on appeal. And in the case at hand,…
Louisiana Court of Appeal Discusses Drivers’ Duties When Stopped At a Stop Sign
When it comes to road safety, you can only rely on yourself. Know the rules of the road and always take precautions. In a recent case, a car accident dispute was brought to court to determine the liability of the parties. The case explains the responsibilities of motorists in Louisiana…
Fifth Circuit Finds that Malpractice Insurer May Settle Malpractice Claim without Consent of Previously Covered Physician
Professionals in various fields whose work greatly impacts the lives of others may find themselves accused of malpractice. Especially in medicine where a seemingly simple mistake can end one’s life, the lawsuits that stem from malpractice can bring large awards to plaintiffs. This is where malpractice insurance comes in, to…
Carpenter Unable to Recover Damages from Employer After Losing Fingers in Saw Accident on the Job
Accidents frequently occur in construction zones and they may be the fault of the injured party or someone else involved in the renovation site. Courts are often tasked with deciding whether the injured person is responsible for his or her own injury or if a different party is at fault.…
Qualified Immunity Defense Protects Police Officer Facing Excessive Force Lawsuit
Police officers are tasked with enforcing the law and upholding civic order, but what happens when a person feels that a police officer ignored his or her constitutional rights; will the officer be held accountable? A case arising out of Alexandria examines this question through the issue of excessive force…
Mother Fails to Receive Damages from Pharmaceutical Companies After Giving Birth To A Child With Birth Defects
While having a child and starting a family is something that many couples look forward to in their lives, pregnancy can be very painful and burdensome on the mother. There are many drugs that can help prevent the negative side effects of pregnancy, like nausea and morning sickness, however, those…
After Bus Injury, Louisiana Man Must Prove Validity of Medical Expenses to Receive Award
In Louisiana, a party is responsible for the full extent of injuries he or she causes to another. Lawsuits stemming from these incidents usually arise over which party is more at fault or if any of the injuries were actually caused by the event at issue. Whether the party at…