Damages are the award of monetary compensation that the law imposes on a defendant for a violation of law or a breach of a legal duty. Generally, damages seek to remedy the harm done to the plaintiff by the defendant. The law recognizes several categories of damages including general damages,…
Articles Posted in Pain And Suffering Claims
Injured by Revolving Door at a New Orleans Hotel, Who is At Fault?
We have all had that moment in a revolving door when the door seems to be moving just a bit too fast. You do your best to keep up but the back of the door knocks into your foot. No harm, no foul when you get a little bump on your…
Does Signing a Settlement Release Extinguish All Claims in Louisiana, Including Cancer?
Accidents happen, and sometimes it takes years before the effects of those accidents show up. So what happens in Louisiana if you are exposed to a toxic chemical and go through the traditional lawsuit process including resolving all of your claims but later develop cancer? Can you come back and…
CVS’s Wet Floor Not The Cause of Metairie Man’s Death
A slippery floor can be a real hazard but even the slickest surface, for all its danger, doesn’t cause every problem. The Louisiana Court of Appeal for the First Circuit made that clear in a recent decision involving a CVS Pharmacy in Metairie, Louisiana. Georgia Clesi and her husband, John…
Burger King Employee Loses Out On Workers’ Compensation After Misrepresenting Injuries
When someone brings a workers’ compensation claim against an employer or former employer, they must not falsely represent any material fact, or the entire workers’ compensation claim will be forfeited. When the court finds that a plaintiff has misrepresented a material fact, they dismiss that claim in favor of the…
Father of Color Guard Member Unable to Prove Negligence after MLK Parade Injury
When bringing a negligence lawsuit to recover damages for injuries sustained as a result of another person’s failure to act with due care, it is important to ensure that that sufficient evidence has been gathered in advance of the trial. A good lawyer knows that in order to properly safeguard…
Court of Appeal Contemplates City of Baton Rouge’s Vicarious Liability for Police Misconduct
In Louisiana, employers are considered to be vicariously liable for the wrongdoings of their employees. La. C.C. art. 2320. This means that an employer is held liable for damages that their employee may cause while performing designated job duties. In a recent case, the Louisiana First Circuit Court of Appeal…
Long-time New Orleans Parade-goer Sues After Being Hit in Head with Beads
Anyone who has been to a Mardi Gras parade in New Orleans knows that the festivities are often marked by high-speed projectiles aimed at the crowds. Indeed, the chance to catch coveted “throws” is the very thing that draws many parade goers. The risk of being hit by beads or…
Clean Up On Aisle 5: West Monroe Grocery Store Liable for Shopper’s Trip-and-Fall
Would you expect a routine trip to your local grocery store to end with a herniated disc and a possible need for surgery? Probably not. Trips to the grocery store are often without incident. However, people do get hurt sometimes, either from their own clumsiness or — as the Louisiana…
The Chain Reaction Automobile Accident on a Louisiana Highway and Comparative Fault
When chain reaction accidents occur it can sometimes feel like mayhem on the highway. One car hits another, then another one hits another and so on and so on. But who’s at fault for all the injuries and wrecked cars? The car that initially caused the accident? The one after…