In a recent decision by the Louisiana Court of Appeal, Third Circuit, Golden Nugget Lake Charles, LLC, emerged victorious in a slip and fall case brought forth by Carolyn A. Watts. The case revolved around Ms. Watts’ alleged injuries sustained from a fall on the casino’s premises. Ms. Watts initially…
Articles Posted in Pain And Suffering Claims
Understanding the Finality of Workers’ Compensation Settlements
Navigating the workers’ compensation system can be overwhelming when you’ve been injured on the job. You may be tempted to accept a quick settlement to cover immediate medical bills and lost wages. However, it’s crucial to understand the long-term implications of such a decision. A recent Louisiana case highlights the…
Louisiana Court Reverses Slip-and-Fall Judgment Against Hospital, Highlighting “Reasonable Care” Standard
In a recent decision, the Louisiana Court of Appeal reversed a trial court judgment that had held Woman’s Hospital liable for a slip-and-fall accident. The case underscores the importance of understanding the “reasonable care” standard that applies to hospitals in such situations and how it can impact the outcome of…
“Wet Floor” Signs Prevail: Louisiana Court Reverses Slip and Fall Judgment, Highlighting the Importance of Adequate Warnings
In a recent Louisiana Court of Appeal case, Schroeder v. Hanover Insurance Company, et al., the court delved into the complexities of slip-and-fall cases and the crucial role of adequate warnings in determining a business’s liability. This decision highlights the importance of understanding merchant liability laws in Louisiana and how…
Louisiana Court Reverses Dismissal of Workers’ Compensation Claim: Understanding the Importance of Continuing Jurisdiction
A recent Louisiana Court of Appeal for the Third Circuit decision underscores the importance of the “continuing jurisdiction” principle in workers’ compensation cases. In this recent opinion, the court overturned a Workers’ Compensation Judge’s (WCJ) decision to dismiss a previously adjudicated claim, highlighting the specific procedures and legal framework that…
When Does Police Immunity Apply in Louisiana?
In a recent Louisiana Court of Appeal decision, a case involving a police shooting during an arrest attempt highlighted the complexities of qualified immunity for law enforcement officers. The case, Marshall v. Sandifer, centered around Ervin Marshall, who was shot by a state trooper while attempting to evade arrest. The…
Rear-Ended and in Pain: Navigating Damages in a Louisiana Car Accident Case with Pre-Existing Conditions
In a recent personal injury case, Latulippe v. West Jefferson Medical Center, the Louisiana Court of Appeal tackled the complexities of assessing damages in a car accident case where the plaintiffs had pre-existing medical conditions. The case arose from a rear-end collision on the Crescent City Connection bridge involving an…
Dental Malpractice in Louisiana: Understanding the Medical Review Panel Requirement
A recent Louisiana Court of Appeal decision, Brimmer v. Eagle Family Dental, Inc., has underscored the critical procedural steps involved in bringing dental malpractice claims in the state. The case highlights the necessity of first presenting claims against qualified healthcare providers to a medical review panel before filing a lawsuit. Let’s…
Can a Hospital Be Held Liable for a Patient’s Sexual Assault that Occurred Offsite in Louisiana?
In a heart-wrenching case involving the sexual assault of a patient at an outpatient psychiatric treatment facility, the Louisiana Court of Appeal, Third Circuit, recently affirmed a summary judgment that dismissed claims against two individual owners/officers of the facility. The decision, handed down in Sam v. Genesis Behavioral Hospital, underscores…
When a Workplace Injury Crosses State Lines: Navigating the Complexities of Workers’ Compensation and Tort Liability
In today’s interconnected world, it’s not uncommon for employees to find themselves working across state lines. But what happens when an injury occurs in a different state than where the employment contract was formed? Whose laws apply? Can an injured worker sue their employer, or are they limited to workers’…