If you are at school or work and notice several people who are soaking wet and wearing rain jackets, you would not have to be a detective or even a good lawyer to confidently make the judgment that it’s raining outside. Similarly, the legal concept of summary judgment used by…
Having the town pave your road or conduct other maintenance may seem like a harmless occurrence. However, it can have a significant impact on determining whether your property can become public use. One landowner, Thomas Bourque, Sr., needed access to the rest of his property, but two other landowners, Todd…
Waiting until the last minute to do almost anything is not recommended but it is especially true if you are seeking to bring a claim for damages. That is what some fishermen found out when they sought to bring claims under the Oil Pollution Act of 1990 (OPA) for damages…
Double jeopardy is not a television marathon featuring Alex Trebek, but protection against it is fundamental to the United States legal system. In the criminal justice system, double jeopardy means being put on trial for the same charge twice; the Fifth Amendment to the United States Constitution bans it. Res…
Life deals some people a tough hand. For Geneva Fils, a Louisiana infant in the foster care system, a car crash and severe injuries followed by a lengthy lawsuit added to her list of problems. The Louisiana Department of Social Services (now known as the Department of Children and Family…
One bad decision can lead to a huge legal headache. The combination of a chaotic atmosphere and alcohol makes bars the perfect storm for mistakes that can later lead to huge liability. In a recent case, a man who punched another patron at a Tangipahoa Parish bar appealed a default…
Determining liability when someone is injured on someone else’s property is a complex endeavor. One of the major factors is determining whether the injury resulted from an unreasonably dangerous condition. While a new In & Out Express Car Wash was being built in Metairie, LA, local business owner Mr. Frederick…
When an employee is in an accident while driving the company’s car, is the company’s insurer liable? Generally, an employer is liable for employee accidents when driving a company car for employment duties. This can be difficult to determine in situations such as when an employee is on call and…
Generally, individuals expect that when on the premises of a public entity, the land has been safely maintained and there is a low risk of becoming injured. If an individual did become injured, he or she would expect to be reasonably compensated for any injuries. However, in Louisiana, premises liability…
While many steps may be taken to prevent accidents, most are, unfortunately, unpredictable. For many people, automobile insurance is the silver lining to unforeseeable car accidents. However, the type of insurance policy you have can determine how much of the accident is covered, if it is covered at all, so…