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Articles Posted in Negligence

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Is An Unmarked Pole in the Middle of a Sidewalk “Open and Obvious?” LSU Student’s Lawsuit Answers that Question

Louisiana law holds responsible those who cause injury to others by failing to repair unreasonably dangerous conditions in their custody or control. This type of liability is called “custodial liability.” For example, a university that fails to maintain its walkways so as to cause injury to pedestrians can be held…

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Nursing Home Mistreatment Case in Caddo Parish Not Covered by Medical Malpractice Act

Nursing homes have become an integral part of our society due to America’s aging population. Families need nursing homes to help them care for elderly parents and relatives, disabled individuals, and other people requiring increased care. Most nursing homes treat their residents with industry-standard care; but what if you discovered…

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Louisiana Trial Court Trips Up On Procedural Aspects of Improper Medicine Dosage Lawsuit

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…

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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…

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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?…

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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,…

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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…

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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…

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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.…

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