Imagine an injury on a ladder, lawnmower, boat, or other manufactured product. The product might appear defective; however, is defectiveness sufficient to win a lawsuit against the manufacturer? Under Louisiana law, to prevail in a lawsuit alleging medical injuries from a defective product, a plaintiff must provide adequate medical evidence…
Louisiana Personal Injury Lawyer Blog
Fifth Circuit Court in Louisiana Affirms Dismissal of Asbestos Lawsuit Because Of Prior Settlement Agreement
The difficulty of losing a loved one is compounded when death results from a faulty product. Further anguish occurs when a lawsuit against the defective product manufacturer is dismissed, barring recovery. It is essential to be aware that there are many deadlines and requirements to comply with to avoid the…
Fifth Circuit Court Finds Succession Administrator Can Bring Civil Rights Action
What would you do if you were heir to property and found out the City had issued a demolition order for that property? A recent case decided in New Orleans discusses that question. The City of New Orleans, Louisiana, brought administrative proceedings against property owners whose property was allegedly blighted.…
Injuries from a Collapsed Balcony in Slidell Not Covered by Landlord’s Insurance
Knowing what is in an insurance agreement can determine whether or not you are covered for different injuries. If a buyer signed a policy, did not ensure that certain aspects were covered, and then never bothered to check or revise the policy, this person will likely be held accountable for…
St. Charles Parish Bar Owner Not Liable for Car Accident Caused by Intoxicated Patron
The history of American jurisprudence is filled with various attempts by state legislatures and courts to grapple with the issue of liability that should be imposed on those in the business of serving alcohol. On the one hand, it makes logical sense to hold bars responsible for profiting from serving…
Insurance Company Gets Off the Hook In Auto Accident Case Because Driver Never Actually Insured
One of the first things that occur after a car accident is the parties exchange insurance information. But, unfortunately, just because someone has an insurance card doesn’t always mean they are covered for the wreck they caused. A driver in Metairie learned that lesson the hard way, as shown by…
Can a Passenger in a Car Accident Not be a Passenger?
Usually, in a dispute concerning a car accident, the issue surrounds fault or the extent of injuries. Occasionally though, the argument is whether a passenger in one of the vehicles was even a passenger. Evidence that one was a passenger and present during the accident would seem helpful but does…
Only Four Out of Five Expert Witness Fees Awarded to Prevailing Plaintiff
Litigation can be lengthy and costly, especially when expert witnesses get involved. The good news is that a prevailing party can be awarded many of these costs at the trial court’s discretion. The bad news? Not every fee may be granted, as Carlo Conforto learned in a case he brought…
Late Filing Bars Medical Malpractice Claim Against Tulane-Lakeside Hospital
Deadlines matter in all areas of life, but in the legal world, they can determine whether a lawsuit will move forward or even get started. In Louisiana, a prescriptive period is a window of time for legal action to be brought and enforced. Depending on the kind of claim, the…
First Circuit Court of Appeal Affirms Decision That Employee Was Entitled to Compensation From Work Related Back Injury (Part 1)
An employee suffering an injury at work can be concerning for both the employee and employer. This concern can be increased when the injury sustained at work is an aggravation of a previous injury. However, as one Louisiana individual discovered, providing solid evidence backing your workers’ compensation claim can be…