In the world of industrial contracts, the devil often lies in the details – especially when it comes to indemnity clauses. These clauses determine who bears the financial responsibility if something goes wrong, and they can be a source of heated legal battles. This is precisely what happened in the…
Articles Posted in Wrongful Death
Tragic Accident: A Bow Hunter’s Unfortunate Demise and the Legal Battle That Followed
In a heart-wrenching incident, Dr. Alan Sandifer, an avid bow hunter, tragically lost his life in a freak accident involving his Hoyt compound bow. The Sandifer family’s quest for answers led them to the courtroom, seeking justice through a lawsuit against the bow’s manufacturer, Hoyt Archery, Inc. This blog post…
Manual Labor Trumps Independent Contractor Status: Court Secures Workers’ Compensation Benefits for Deceased Worker’s Family
In a significant victory for the family of a deceased worker, the Louisiana Court of Appeal has overturned a previous ruling, ensuring they receive workers’ compensation death benefits. The case, Orozco v. Filser Construction & Aries Building Systems, Inc., centered around the complex issue of determining whether Serna Jr. was…
When Is Department of Transportation and Development Liable For Car Accident Damages?
We all expect the government to take appropriate measures to keep roads safe. If you or a loved one has been harmed from an unsafe road condition, you might be able to file a lawsuit against the Department of Transportation and Development. Lacy Johnson was driving a car that was…
Vicarious Liability Doesn’t Always Extend Liability for an Employees Actions
Vicarious liability in the context of work-related accidents is a complex legal issue that necessitates careful analysis of the state’s code. The case of Sarah Barber serves as a compelling example of the potential consequences when a government employee causes an accident while performing their job duties. Understanding the nuances…
Asbestos Case Sent Back To State Court Because Of Lack of Causal Nexus
Unraveling the complexities of jurisdiction is essential when determining which court has the authority to hear a lawsuit. Whether a case is heard in state or federal court can have strategic implications, but the path to federal court is paved with complex legal requirements. In this article, we delve into…
Exposure to Radioactive Materials: Substantiating Injury Claims with Evidence and Expert Witnesses
Exposure to naturally occurring radioactive materials generally increases due to human activity. Proving harm from these activities may be difficult, however. The following Jefferson Parish case demonstrates the need for substantiating your injury claim with evidence. It further shows the weight a court may place on expert witnesses. In this…
Are Third-Party Contractors Caught in a Workers’ Compensation Loophole?
The evolving nature of employment now means the relationship between employer and employee can be indirect and through different contracting methods. In addition, many people employed by one company are, in fact, on the job doing work for another. A recent case in Louisiana highlights these distinctions and the risks…
My Lawsuit was Removed to Federal Court. What does that Mean?
Although most people have heard of both state and federal courts, many do not know when a party in a lawsuit can move a case to a different court. This happened to Howard Zeringue, who first filed a lawsuit in Louisiana state court, but soon found himself in the United…
Insurance Disputes and Lack of Admitted Evidence Complicate Asbestos Injury Lawsuit
Insurance policies are often lengthy and very complicated. Therefore, understanding who may be liable when an injury occurs is critical, as failure to do so may lead to complex and expensive court proceedings. The following Iberville Parish case demonstrates the problems that arise when multiple insurance companies and policies are…