Most of us have been either in an accident or know someone who has, and it’s never fun. Damage to your car, bodily injuries, and legal repercussions can drag out for years after the accident. Kodie Courville was sitting in his car in the CVS parking lot on the corner…
Buying a house and later discovering that the house has foundational defects is a nightmare every homeowner seeks to avoid. Even more unpleasant is to find out that you do not have any recourse against the seller. The nature of such recourse would partially depend on when the defects were…
In Louisiana, if someone does work to your home and you find the work to have been completed unsatisfactorily, you have a one-year prescription period to bring the issue to court. However, what does one do if problems from this work do not appear right away? Considering the statute that…
Arbitration is a matter of contract. Parties to an arbitration agreement contract on matters they agree to submit to arbitration. That agreement defines the extent to which the parties are subject to the authority of arbitrator, and such authority corresponds to the boundaries set in the agreement. This case is…
When driving at night, it is always important to make sure your vehicle lights are working, not just so you can see, but also so others can see you. Not only can this simple task avoid an accident, but failure to do so can get you in trouble with the…
What would it take for an appellate court to overturn an award of damages? According to the Louisiana 3rd Circuit Court of Appeal, the bar is set high and very rarely does an award for damages get overturned as long as it’s reasonable. Lafayette Motors employed Mr. Menard as a…
Public entities are treated as private entities when it comes to slip and fall situations. They must abide by a liability standard when a customer or employee slip and fall on their premises. The standard gives the public entity responsibility for things that they control. The standard is similar to…
Although many people are aware that merchants are required to keep their premises reasonably safe, it can be complicated to establish what exactly constitutes unreasonable risk. While on a shopping trip at the Mall of Louisiana, Hermina Lavergne, her daughter, and her granddaughter, stopped at BJ’s Restaurant (“BJ’s”) to eat.…
When writing leases, it is important to pre-determine who is at fault if an accident or injury occurs on the rented land. Yet, this determination can become complicated when the border of the leased land comes into play. Other issues can involve the exact lease language which states whether one…
Freak accidents can happen in the most unexpected ways. When these life-altering events occur, it often affects more than the injured person. Depending on the circumstances, family members can receive compensation for non-physical injuries, such as loss of consortium (companionship). On July 1, 2010, Lisa Plaia dropped off her young…