Close

Articles Posted in Strict Liability

Updated:

Accident at Hospital Highlights Importance of Causality Proof (But-For Test)

In personal injury cases, there are a number of elements that must be met in order to be successful in a lawsuit. First, a plaintiff must show that they were owed a duty of care by the other party. Second, they must show that there was a breach of that…

Updated:

Litigation for Workplace Injury Requires Proper Naming of Defendants

In Louisiana, the Third Circuit Court of Appeal upheld a summary judgment against plaintiff Louis Fox in a tort claim ensuing from a work-related injury at the Rodemacher Power Station. On August 12, 2008, Louis Fox, while working inside a cyclone tower at the Rodemacher Power Station, sustained an injury…

Updated:

Man Representing Himself Fails to File Case Against Sheriff’s Office Properly

The following is a case in which the plaintiff, Nolan J. Benson, Sr., is representing himself. In legalese, he would be referred to as a plaintiff ‘in proper person’, or more commonly, as a pro se plaintiff. Sometimes, plaintiffs cannot obtain attorneys to represent them, either because the plaintiff cannot…

Updated:

Injury Case Shows the Ultimate Impact Summary Judgment Can Make

In a typical case, either party can move for summary judgment. The defendant can move for summary judgment after the plaintiff files the complaint. The plaintiff can move for summary judgment after the defendant has answered the plaintiff’s complaint. Summary judgment is a common procedural occurrence within civil and criminal…

Updated:

No Relief for Post-Op Plaintiff Who Could Not Prove Standard of Care

When a healthcare provider is involved in an accident that harms a patient, the injured party can seek relief in court. But a medical malpractice plaintiff must be able to show the standard of care that applies to the particular provider in question. In Blood v. Southwest Medical Center, a…

Updated:

Exposure to Toxic Chemicals Leads to Louisiana Resident’s Appeal

The United States of America was founded on a Constitution that still serves as the supreme law of the land in our country today. Each state created its own constitution to be the supreme law throughout the state and second only to the Constitution of the United States. Many claims…

Updated:

Court of Appeals Increases Damages for Lost Wages

The jury is the ultimate trier of fact. In our democratic society, we place high value on the idea of being judged by a panel of your peers. In addition, it allows the accused to be judged by the prevailing community standards. The jury is supposed to be more in…

Updated:

Appeal Dismissed Because of Late Payment, Abandonment

In a recent case, Johnson v. University Medical Center in Lafayette, the Louisiana Court of Appeal for the Third Circuit reversed a trial court decision to dismiss a plaintiff’s case for abandonment due to her failure to timely pay the costs of appeal. The plaintiff in the case, Lela Johnson,…

Updated:

Injury at Store Leads to Case Involving Past, Present, Future Injuries

While Ms. Jo Anna Savant shopped at Hobby Lobby in Lafayette, two large, seventeen-pound clocks fell from a wall display and struck her on the head. She filed a suit against Hobby Lobby, alleging negligence. Negligence is a common law tort that requires the victim to prove that the defendant…

Updated:

Court Re-Allocates Liability for U-Haul Accident in New Orleans

Appealing turned out to be a beneficial move for U-Haul International, Inc., and U-Haul Company of Georgia, who were sued when Mr. Omar Erazo’s truck came off his rented U-Haul van while he was moving back to Louisiana from Georgia. Unfortunately, when the truck detached from the van on I-10…

Contact Us
Live Chat