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Articles Posted in Negligence

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Jury Instructions held Proper in New Orleans Car Accident Involving Fatality

Car accidents can be an alarming ordeal. Especially, where there has been a fatality involved. Generally, when a vehicle has been physically involved in an accident, the driver can expect to have some liability. However, liability can also be involved where a driver requires a passenger to exit a vehicle,…

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St. Tammany Parish Property Owner Gets His Day in Court on His Trespass Claim Against Renaissance Media

In 1997, Brandon Hirstius purchased a tract of land in St Tammany Parish. Nearly 14 years later, in 2011, Mr. Hirstius complained of an unauthorized utility pole on his property belonging to BellSouth Telecommunications, Inc. and filed a trespass lawsuit against the telecommunications company. In the midst of the June…

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Playground Injury at Jefferson Parish Baptist Church Aftercare Program Leads to Lawsuit

Playgrounds bring great joy to young children.  Countless hours are spent sliding down slides, swinging on swings and traversing monkey bars throughout the state of Louisiana.  While it might come as news to some, playground equipment has certain set standards for what age range is appropriate to play on the…

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Ochsner Clinic Foundation Louisiana Medical Malpractice Lawsuit Exhibits the Need for Effective Expert Testimony

Medical malpractice lawsuits are known to be some of the most complicated, technical cases for injured parties. The average person does not have enough technical knowledge to infer negligence from a medical act or result. Because of this, many plaintiffs have to rely on expert testimony to explain nuanced details…

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Speculation Not Enough to Find Electrical Shock from Taser as the Cause-In-Fact for a Subsequent Heart Attack In Shreveport Lawsuit

On the afternoon of April 13, 2011, Officer J.M. Bassett of the Shreveport Police Department heard loud music coming from a motorcycle parked at 251 E. 72nd in Shreveport Louisiana. When Officer Bassett attempted to make contact with the man, Jessie Scott, Scott became hostile. As the situation escalated, Officer…

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5 Things You Need to Know About Prilosec and Nexium Lawsuit Claims

As medications known as PPIs become more and more common and readily available on the open market, the number of medication related injuries, complications and side effects also increase. Nexium and Prilosec have been known to cause serious medical conditions such as heart attack, kidney failure, and bone fractures, and…

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Second Circuit Affirms Economic Award after Water Supply Contaminated by Levee District

Arguably the most important thing for human health besides air is available and clean water.  When people behave carelessly, others can be harmed.  A mistake with something as valuable as the water supply can cause any number of injuries to those who rely upon it.  Negligence occurs in law where…

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Prescription an Integral Element of Lawsuits After Wrongful Death

A few months after being in a car wreck, the unthinkable happens, and as a result of the accident, your loved one passes away. As you are mourning the loss, you also have to start thinking about your legal options that stem from the crash and the possible avenues you…

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Personal Jurisdiction Reviewed in Case With International Implications

The U.S. Court of Appeals for the Fifth Circuit affirmed a judge’s dismissal of the People’s Republic of China and a Chinese company, Xiamen, from litigation in the U.S. District Court for the Eastern District of Louisiana. The appeals court agreed with the trial court that the federal judiciary lacked…

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Rear-End Collision Case Examines Liability, Statutes in Louisiana

A case arising out of a St. Martin Parish accident has shed light on the responsibility placed on drivers following behind another vehicle. According to Journet v. Mouton out of the Court of Appeal for the Third Circuit, a driver following another vehicle must exercise great care. The case arose…

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