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…
Cyclists must follow the rules of the road, not only for their own safety, but also because if an accident occurs the cyclist’s rule breaking could affect recovery. When a car hits a cyclist, the injured party can sue for negligence and recover damages as long as the other party…
Terms of Sale commonly include an “escape clause,” which gives the buyer a way out of a contract if unplanned circumstances arise. It is often a lawyer’s obligation to ensure that this clause is present in a contract, because if the lawyer fails to include one, this could result in…
Insurance plans and policies are often riddled with complicated jargon and loopholes to protect insurance companies from financial loss. These confusing insurance provisions can lead an individual to think he/she is covered in case of an accident, but many times leaves individuals unprotected. In one recent Louisiana lawsuit, a consumer’s…
Timing and deadlines are important aspects of the judicial system. However, these specific guidelines are not familiar to most non-lawyers, which underscores the importance of having an excellent attorney represent you. The lack of an attorney can immediately put an individual at a disadvantage, as it did in one New…
Car accidents are unpredictable. Typically when you get in your car and drive, you do not think you are going to be involved in a life-changing automobile accident. For one Louisiana woman, a car accident got even more complicated when she was hit in a rental car by another rental…