There’s a general understanding between a buyer and a seller that the seller will provide the good in an acceptable condition for a buyer. If the product is faulty, then the general understanding is that the seller will take responsibility for making things right as soon as they can. This…
Louisiana Personal Injury Lawyer Blog
Trial Court Oversteps Authority when Determining the Accuracy of Plaintiff’s Account in Orleans Parish
Construction is a necessary inconvenience. No one enjoys having their travel rerouted due to road construction, but nonetheless, drivers must follow construction signs to safely avoid the temporary hazards road work creates. What happens when a driver doesn’t see the construction signs and drives her car into a large hole…
Is a Hotel Responsible for Injuries of Ejected Guests?
People generally expect to be safe from injury on the premises of a hotel or other such business. Thus, the owners and operators of these premises are required by law to do what is reasonably necessary to keep their guests safe. However, this obligation does not generally extend to incidents…
Evidence of Health Insurance Write-Offs Should Not Be Excluded at Trial
Health insurance is extremely important and often a vital key to keeping both financial and physical health. When insurance payments collide with lawsuit payouts, things can become confusing. There are certain parts of Louisiana law that serve to protect those that have been injured in such instances. The Second Circuit…
Driver in Auto Accident Responsible for Aggravating Pre-Existing Injuries
An occurrence such as a bad motor accident will almost likely aggravate any pre-existing injuries of an injured party. This, of course, depends on the seriousness of the accident in question. In this particular case, Mr. Urquhart and Mr. Nye were involved in a motor accident with a truck belonging…
Dismissal of Former Police Officer’s Lawsuit is Affirmed for No Cause of Action
Courts are often overflowing with frivolous lawsuits. In order to remedy this, defendants can file an exception for no right of action. If granted, the lawsuit is dismissed because the plaintiff cannot prove any facts that would support the claim. Emanuel Smith III worked as a police officer for a…
Louisiana Supermarket Held Liable for Human Fingernail in Buffet
How often do you go through the buffet line at your local supermarket? Next time, you might want to think twice before digging in to your lunch. On June 14, 2014, Cynthia Small entered Rouse’s Market hoping to enjoy a meal there. After purchasing items of prepared food from Rouse’s…
Florida Boulevard Car Accident Injury Claims Reinstated After Appeal of Summary Judgment
Summary judgments are a common tool in litigation to not only expedite the drawn out trial process, but they can also be used to cut down on the cost of a lawsuit. Yet, there are different standards about what kinds of documents can and cannot be considered when a party…
St. Mary Parish Crossing Guard Conspiracy Allegations Thrown Out Because of Issue Preclusion
On TV, lawyers are often shown dramatically acting out speeches in courtrooms and confronting witnesses. Those litigators do often have to speak and cross examine individuals, but in reality, much of an attorney’s role is to make sure the procedural and pleading aspects of a lawsuit are done correctly. Some…
East Baton Rouge Worker’s Claim Upheld after LA Workforce Commission Fails to Pay His Wages
Perhaps one of the biggest myths about the law is that you can bring a lawsuit anywhere about anything. In reality, a court must have jurisdiction in order to hear a case. Jurisdiction is the power of a legal body to make binding decisions over the people involved. In addition…