This case examines the requirements for proving merchant liability in slip and fall cases, emphasizing the importance of evidence and the burden of proof. Case Background Lamarr Pierite sued Dollar General, alleging he slipped and fell in a liquid substance at their store, causing injuries. After a trial, the court…
Articles Posted in negligence
Did She Slip or Did She Trip? A Louisiana “Slip and Fall” Case Hinges on Evidence
The following case dives into the world of “slip and fall” lawsuits in Louisiana, where the law sets specific requirements for holding merchants liable for injuries on their premises. Case Background Gwendolyn Thibodeaux fell while shopping at a Super 1 Foods store in Lafayette. Although the fall was captured on…
When a Night Out Turns Tragic: Fight for Justice After a Parking Lot Shooting
A celebratory night out turned into a nightmare for Reuben Ellis when he was shot in a parking lot after attending a friend’s wedding reception at Bella Noche nightclub. Ellis’s quest for justice led him to sue not only the nightclub but also the property owner, Plaza Holdings, LLC. This…
No Duty, No Liability: Court Clears Stanley Access Technologies in Revolving Door Accident Case
In a recent decision by the Louisiana Court of Appeal, Third Circuit, the court affirmed a trial court’s judgment granting summary judgment in favor of Stanley Access Technologies LLC (Stanley) in a personal injury case brought by Vera Bernard. The case stemmed from an incident where Ms. Bernard allegedly sustained…
Louisiana Court Reverses Slip-and-Fall Judgment Against Hospital, Highlighting “Reasonable Care” Standard
In a recent decision, the Louisiana Court of Appeal reversed a trial court judgment that had held Woman’s Hospital liable for a slip-and-fall accident. The case underscores the importance of understanding the “reasonable care” standard that applies to hospitals in such situations and how it can impact the outcome of…
Ochsner’s Summary Judgment in Slip and Fall Case Overturned
In a recent decision, the Louisiana Fifth Circuit Court of Appeal reversed a summary judgment granted to the Ochsner Clinic Foundation in a slip-and-fall case, emphasizing the importance of thoroughly examining factual disputes before granting such a motion. Doris Stogner slipped and fell in the atrium of an Ochsner facility…
“Wet Floor” Signs Prevail: Louisiana Court Reverses Slip and Fall Judgment, Highlighting the Importance of Adequate Warnings
In a recent Louisiana Court of Appeal case, Schroeder v. Hanover Insurance Company, et al., the court delved into the complexities of slip-and-fall cases and the crucial role of adequate warnings in determining a business’s liability. This decision highlights the importance of understanding merchant liability laws in Louisiana and how…
Rear-Ended and in Pain: Navigating Damages in a Louisiana Car Accident Case with Pre-Existing Conditions
In a recent personal injury case, Latulippe v. West Jefferson Medical Center, the Louisiana Court of Appeal tackled the complexities of assessing damages in a car accident case where the plaintiffs had pre-existing medical conditions. The case arose from a rear-end collision on the Crescent City Connection bridge involving an…
Dental Malpractice in Louisiana: Understanding the Medical Review Panel Requirement
A recent Louisiana Court of Appeal decision, Brimmer v. Eagle Family Dental, Inc., has underscored the critical procedural steps involved in bringing dental malpractice claims in the state. The case highlights the necessity of first presenting claims against qualified healthcare providers to a medical review panel before filing a lawsuit. Let’s…
Can a Hospital Be Held Liable for a Patient’s Sexual Assault that Occurred Offsite in Louisiana?
In a heart-wrenching case involving the sexual assault of a patient at an outpatient psychiatric treatment facility, the Louisiana Court of Appeal, Third Circuit, recently affirmed a summary judgment that dismissed claims against two individual owners/officers of the facility. The decision, handed down in Sam v. Genesis Behavioral Hospital, underscores…