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Articles Posted in Strict Liability

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Opelousas Parish Natural Gas Explosion, Part 2: Determining Causation

In our prior post, we observed the Third Circuit Court of Appeal’s finding that the jury correctly held that Centerpoint Energy failed to meet its duty of properly securing the natural gas line and valve when it disconnected service at the Jones residence in Opelousas Parish. Establishing the duty owed…

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Opelousas Parish Natural Gas Explosion, Part 1: Exploring the Utility Company’s Duty

On May 7, 2003, Centerpoint Energy disconnected the natural gas service at the house of Carl Jones, Sr. and his family because they were past due on an outstanding balance. A short time later, Jones and his son removed the gas stove from the kitchen and replaced it with an…

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Exploring a No Cause of Action Ruling Shows Power of Appeal

Plaintiffs have the right judicially, to assert a legal action against a defendant that consists of operative facts giving rise to the plaintiff’s complaint. The issue for the court may become whether the plaintiff does in fact, have a cause of action. If the law does not support the facts…

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Court Reviews Driver’s Duty of Care in Bossier City Car Accident

Louisiana law requires that the driver of a motor vehicle maintain a safe distance from other cars and that the driver “not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the…

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After Two Car Accidents, Man Denied Damages Due to Testimony of Previous Settlement

Car accidents are a common occurrence and when a car accident is caused by another party, you want to receive the appropriate relief for doctor’s bils, aches, pains and other accruing expenses. Just because an individual has received damages owed to him from one car accident should by no means…

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Fifth Circuit Finds Rifle Manufacturer “Not Liable” for Injuries Sustained After Rifle Firing Resulted in Uncontained Explosion

If a company manufactures a defective product, and an individual is injured by that product, the manufacturer may be liable for the damages suffered by the product-user. The product, be it a cleaning supply or an automobile part, or any number of different items found in everyday life, bears an…

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Louisiana Supreme Court Changes Apportionment of Fault in Medical Malpractice Case

Hospitals, their staff, and doctors must treat patients in accordance with an established “standard of care.” A standard of care is generally the amount of care a reasonable person would exercise in a particular situation. For doctors and nurses this means that they must act in a manner similar to…

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2nd Circuit Affirms City of Shreveport’s Liability for Failure to Maintain Sidewalks

The plaintiff, Linda Garcie, filed a claim against the city of Shreverport after she sustained multiple injuries from tripping over an elevated portion of a sidewalk within the city. Ms. Garcie was walking her dog when she tripped over a crack in the sidewalk. The sidewalk was located outside the…

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Freak Garbage Truck Accident Still Has Real Consequences, Monetary Damages to Victim

This post continues from yesterday: The trial court relied on the testimony of Mr. Williams’ account of events leading up to his injury in making its conclusion of what occurred. While the trial court did hear testimony from an IESI employee who stated that the garbage trucks did not have…

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Mansura Man Granted Compensation For Injuries Caused by Garbage Truck

Freak incidences occur every day that do have very real consequences for the responsible party. While some things may seem unavoidable for the victim, the party which caused the injury must go before a court and try to prove their innocence. One recent case, involving a garbage truck and down…

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