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Articles Posted in Negligence

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Tioga Slip and Fall Case Study Part 1: The Plaintiff’s Burden of Proving Notice

In a previous post, we explored the elements of a negligence action that arose after a customer slipped and fell on a pool of vomit left by another customer while visiting a store in Farmerville. One of those elements is “notice,” or whether the merchant created or was aware of…

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Louisiana Appeals Finds Unreasonably Dangerous Condition in Premises Liability Case

Jeanine Pryor of Lake Charles was injured when she fell exiting bleachers at a football came and filed a claim for damages due to injuries she sustained. Her claim was denied at the trial court level and in a recent decision, the Louisiana Third Circuit Court of Appeals reversed the…

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The Need to Hire an Attorney For Car Accidents Illustrated in Recent Case

Victim John Deshotels learned the hard way what happens when you donÕt have a an attorney represent you in an accident injury claim. He took his case to trial unrepresented and lost. Even after getting an attorney the damage was done and he lost again in a recent Court of…

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Tragedy Reminds Louisiana Residents of Dangers With Semi Trucks

On May 7, 2010, the Donaldsonville community was saddened when 20 year-old Ryan Johnson was killed in a car accident when his car flipped after he collided with a semi-truck on LA 70. While this loss is tragic, it is also a reminder that accidents involving semi trucks should be…

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Court of Appeals Examines the Scope of Employment Requirement for Vicarious Liability

In a recent Louisiana Court of Appeals decision, Janika Johnson appealed a verdict in favor of Gilley Enterprises, owner of a Monroe McDonalds. Johnson, as a customer at the McDonald’s in 2006, was involved in an altercation with an employee. There was a history of ill feeling between Johnson and…

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Jones Act Case Dismissed in Federal Court: Norco Tankerman will not be Able to Collect From his Employer

In October 2007, a Norco tankerman was injured aboard the M/V DUSTIN CENAC at dock #2 of the Valero Corporation’s facility in Norco. The tankerman was completing the loading procedure of the barge when the Valero dock man prematurely began lifting the loading arm and he was pinned between the…

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Four People Injured in One-Vehicle Natchitoches Crash: What Happens When Passengers Get Hurt?

Early in the morning hours of Saturday, February 6th, 20 year old Jamane M. County of Montgomery was driving a 2002 Honda Civic South on U.S. Highway 71 when he lost control of the car. According to an article on thetowntalk.com, The car ran off the right side of the…

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Legal Responsibility for Accidents/Harm in Orleans Parish Nursing Homes

Admitting your elderly mother into a nursing home is supposed to relieve stress and lift a burden from your shoulders. You believe she is going to receive the proper care she needs that you are unable to provide. Unfortunately, for Edward Lewis, tragedy happened after he made this tough decision.…

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A General Overview of Negligence and Wrongful Death Claims

Wrongful death. Negligence. We hear these terms thrown out all the time when we read the newspaper or watch TV. Both terms have a similar connotation. We know something “bad” happened to someone, something that should never have happened. However, most people don’t really know what these terms mean. The…

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