Imagine walking through your neighborhood only to be seriously injured from tripping over a wire frame on a storm drain. The following case considers whether such a condition is open and obvious. This is an important consideration because if a condition is found to be open and obvious, then defendants…
Articles Posted in Negligence
Mardi Gras Parade Mishap Leads to Complex Liability Battle
The vibrant spirit of Mardi Gras parades, with their kaleidoscope of colors and joyous revelry, often paints a picture of unadulterated celebration. Yet, beneath the surface of these festivities, unexpected tragedies can unfold, turning the jubilation into a legal labyrinth. Such was the case in Franklin, Louisiana, where a moment…
The Critical Role of Language in Legal Judgments
At the end of a trial, you are focused on whether or not the Judge ruled in your favor. However, it is not enough to only know who won the case, especially if you are considering an appeal. This case indicates the importance of paying attention not only to the…
Can a Homeowner Bring a Lawsuit Against a Contractor for Injuries?
Homeowners often have to deal with contractors, such as plumbers, completing work in their homes or yard. What happens when a homeowner is injured from a condition on the property the contractor created? The following case helps answer that question. Donald and Marilyn Lincoln hired Acadian Plumbing & Drain to…
Can A Renter Be Liable For An Injury Caused By a Leaky Apartment Ceiling?
When renting an apartment, tenants expect a safe and secure living environment. However, what happens when an accident occurs due to negligence by the apartment owner and management company? If a leaky roof in your apartment injures you, can you make a claim for your injuries? The following lawsuit answers…
City and Emergency Responders Not Liable For Injuries Sustained En Route To Hospital
Medical emergencies call for swift and professional response from emergency medical personnel. However, what happens when a patient sustains additional injuries during transit due to unforeseen circumstances? The following case highlights the complexities of dealing with immunity laws for government employees and emphasizes the importance of seeking legal counsel to…
Is Nursing Home Fall Medical Malpractice or Tort?
Many of us provide support to elderly folks in our lives through our time and money. We expect the utmost attention and respect when we send a loved one to a care facility. Sometimes accidents happen, whether by negligence or by accident, that result in injury to patients. Regardless of…
Look Both Ways Before You Cross!: Pedestrian Fault Allocation
People often assume that pedestrians always have the right of way. While this adage is partially true, pedestrians who avoid proper safety protocols can be found more at fault for an injury than the car that struck them. If avoiding physical trauma is not motivation enough to look both ways…
Appellate Court Affirms Trial Court’s Approval of Settlement Agreement in Property Contamination Lawsuit
Can a trial court’s approval of a settlement agreement in a property contamination lawsuit be upheld without determining remediation requirements and the deposit of funds into the court registry? This question lies at the heart of the following case, which features an appeal of the trial court’s judgment approving a…
Vicarious Liability Doesn’t Always Extend Liability for an Employees Actions
Vicarious liability in the context of work-related accidents is a complex legal issue that necessitates careful analysis of the state’s code. The case of Sarah Barber serves as a compelling example of the potential consequences when a government employee causes an accident while performing their job duties. Understanding the nuances…