Medical Malpractice lawsuits can be extremely complicated and fact-specific. The general Louisiana law requires claims to be brought within one year of treatment. The Louisiana law also distinguishes liability based on intentional actions from negligent actions. The following case illustrates how in-depth a medical malpractice claim can become. The Plaintiff,…
Louisiana Personal Injury Lawyer Blog
Alcohol Establishment: Responsibility for Patrons
The majority of states have what are known as “dram shop laws”. These laws address liability if someone is injured by a drunk person after consuming alcohol at an establishment. Most of these laws allow for the bar or other entity that served alcoholic beverages to be sued. Louisiana’s version…
When Is a Non-Competition Clause too Broad for an LLC?
Non-competition, or non-compete, clauses are a common part of business and employment agreements. They serve to prevent one party from taking knowledge or trade secrets to a competing business. Like any contract, these agreements are sometimes scrutinized to make sure they are actually fair to all parties. Courts will not…
Dollar Tree Could be Liable for Parking Lot Robbery after Appellate Court Reverses Summary Judgment Decision
If you are a homeowner, the number of security measures you take to protect your house is likely largely influenced by the safety of your area. For example, if there’s a lot of crime in the area or a lack of good lighting on your street at night, you will…
Bossier Parish Man Retains his Driver’s License After Police Officer Fails to Read Him All of His Rights
It’s almost impossible to watch a movie or TV show about the police or crime without hearing the phrase “Miranda Rights.” Even if most viewers don’t know the U.S. Supreme Court case Miranda v. Arizona, which outlined those rights, viewers are aware that upon arrest, a person has multiple rights…
Nursing Home Medical Malpractice Case Returns to Trial after Summary Judgment Is Overturned
The already tragic loss of a parent is only made worse when you believe that the death should have been prevented. Such was the case for Chester Domingue when his ninety-four-year-old mother, Onelia, passed away as the result of a fall in her nursing home, Camelot. While a medical provider…
Liability for Negligent Entrustment of an Automobile Must Be Established by Consent
In certain situations, car owners and their insurance companies may be liable for a death caused by a non-owner driving the car. However, that liability only arises when the car owner expressly or implicitly grants permission to the driver. A common fear for car owners is that someone borrows their…
Louisiana Court of Appeal Dismisses Medical Malpractice Lawsuit Due to Absence of Expert Testimony
Losing a family member just a few shorts weeks after the family member was discharged from surgery can cause one to wonder if the death occurred due to medical malpractice. Providing expert medical testimony can often be essential to succeeding in a medical malpractice lawsuit, and certainly in the case…
Insurance Company Avoids Paying for Claim Despite Issuing Two Certificates of Insurance
Obtaining insurance coverage to protect a new company purchase can be crucial to preventing financial loss. But does a company have policy coverage on a new purchase when the insurance company provides only a certificate of insurance? A case in the First Circuit Court of Appeal for Louisiana recently addressed…
Woman Allowed to Try Claim of Intentional Spoliation of Evidence
A night at a piano bar in New Orleans is usually a relaxing and enjoyable evening. Yet, the night can take a whole step in the opposite direction if you fall down the front step of the building on your way out. What happens to your personal injury case, however,…