If you have been injured in an automobile accident, you deserve to be properly compensated for your injuries. Sometimes, unfortunately, the person who caused the injury may not be able to adequately compensate you. This does not mean you are out of luck. If the person responsible for your injury…
Articles Posted in Negligence
Court of Appeal Discusses Louisiana’s Presumption of Negligence in Automobile Accident Cases
In Louisiana, the law presumes a driver negligent when he or she leaves a travel lane and strikes another vehicle. This presumption stems from the legal obligation all motorists have to maintain control of their vehicle. In personal injury cases, this presumption overrides the normal burden of proof which lies…
Louisiana Man Suffering from Broken Foot on the Job Seeks Recovery Using Intentional Tort Claim
If your employer is knowingly putting you in harm’s way and you suffer an injury, you may have an intentional tort claim against your employer. In Louisiana, remedies against an employer for on-the-job injuries are limited to cases of intentional acts, rather than negligence. In a recent case the Louisiana…
Louisiana Medical Malpractice Lawsuit Brought by Deceased’s Family Shows Importance of Filing in a Timely Manner
If you are affected by what you believe is medical malpractice, a clock starts ticking the minute you discover or are put on reasonable notice of your injury. You only have a very limited amount of time to actually file a medical malpractice lawsuit, so it is extremely important to…
Three-Car Collision in Lafayette Parish Results in Defendant That Can’t Shake the Presumption of Negligence
In certain kinds of car accidents there is a rebuttable presumption of negligence afforded to a party involved. In a collision that happened in Lafayette Parish, The Louisiana Third Circuit Court of Appeals decided that the presumption of negligence remained intact and the other involved parties could not be assigned…
Court Sets High Bar for Burden Of Proof For Slip and Fall Victim In Avondale
Not all slip and fall cases are successful as the burden of proof on the victim can be high in Louisiana. In a recent opinion out of the Louisiana Fifth Circuit Court of Appeals the trial court’s decision to award $20,000 to Carolyn Bennette, who slipped and fell at the…
Injured by Revolving Door at a New Orleans Hotel, Who is At Fault?
We have all had that moment in a revolving door when the door seems to be moving just a bit too fast. You do your best to keep up but the back of the door knocks into your foot. No harm, no foul when you get a little bump on your…
Louisiana Legal Malpractice Case Looks at Exception of Prescription
When something goes wrong in a legal case, how long does a party have to make their claim? Louisiana has statutes concerning the time frame in which a party has to bring a claim against an attorney for malpractice and the courts will uphold the time limitation depending on the…
Jefferson Parish Legal Malpractice Lawsuit Deadline Extended Due to Fraud by Attorney
When attempting to bring a lawsuit in court, timing is everything. If a potential claim is brought too late your day in court may never come. However, Louisiana courts of law are generous in extending the deadline to file a lawsuit in instances of fraud. In the following case out of…
Sunken Boat in Gulf of Mexico Leads to Lawsuit That Invokes Discussion of “Negligence vs. Gross Negligence” Standards
Servicing drilling platforms is big business in the Gulf of Mexico. To transport pipes and other supplies out to the oil platforms ships or large vessels are often used. Unfortunately not all vessels are in “shipshape” as a recent case out of the Eastern District of Louisiana shows. On May 28,…