When an unexpected accident occurs, it can be difficult to pinpoint exactly who is responsible for the injury. In the absence of direct evidence of a violation of a duty, the existence of multiple possible parties who might be responsible can preclude recovery. Mr. Baraki Tsegaye (the Plaintiff) filed a…
The doctrine of peremption can prevent someone from bringing legal action against someone should that action be brought after a certain amount of time. Peremption is a period of time fixed by law for the existence of a right. La.Civ.Code art. 3458. This period is defined by an applicable statute.…
Can a store, like Lowe’s or Home Depot, be held liable for injuries resulting from the sale of the wrong part or product? In Ms. Johnson’s case, the answer was no. Sharon Johnson’s lawn mower needed a new spark plug, so she went to the Lowe’s in Shreveport to find…
Trials are decided solely upon the evidence presented. A judge cannot read a book on the subject, or do extraneous research on the internet, to aid her decision-making process. In this case, the Defendant claimed that the judge did just that, by calling a city official to confirm some data.…
Ms. Sayre was a guest at the L’Auberge Casino Resort in Lake Charles when she tripped and fell while walking in front of the hotel restaurant. Based on the video footage of the accident, there were witnesses to the slip and fall; however, the hotel failed to document anything or…
When you are injured on the job, you expect for your medical expenses to be covered through worker’s compensation. However, when your employer denies your recommended medical treatment to recover from your injury, what do you do? First, you file a disputed claim for medical treatment form (Form 1009) with…
Workers’ compensation exists to aid employees who suffer injuries while on the job. However, companies can sometimes be uncooperative after their employees become injured by dodging responsibility and avoiding making payments. Despite these difficulties, a case backed by strong evidence can help injured employees receive the compensation they deserve. How…
If injured on someone else’s property, it is important to know what has to be proven in order for a legal case to go forward. If the injury occurs from a defective structure, then the owner of the premise must have constructive knowledge of the defectiveness. The factors a court…
Have you ever been tempted to take a sick day, just because you need a break? Have you ever called in or left early because you are feeling under the weather and you would not be able to forgive yourself if you exposed the entire office to the bug you…
In order for a court to assess a fair amount of money to be paid for one’s injuries, it is necessary for the injured party to present sufficient evidence to justify that amount. Without sufficient evidence, it is entirely possible for a court to award an incorrect amount of money…