Louisiana Personal Injury Lawyer Blog
Imagine an injury on a ladder, lawnmower, boat, or other manufactured product. The product might appear defective; however, is defectiveness sufficient to win a lawsuit against the manufacturer? Under Louisiana law, to prevail in a lawsuit alleging medical injuries from a defective product, a plaintiff must provide adequate medical evidence to support that the injuries likely resulted from the defective product. This is referred to as “medical causation.” Without establishing medical causation, you may not be able to recover for your injuries.
Craig Andrews was a river pilot. He injured his hip after climbing a ladder that he alleged was negligently rigged. After that, he and his wife sued Lomar Shipping, alleging that his injuries resulted from climbing their negligently rigged ladder.
The United States District Court for the Eastern District of Louisiana granted summary judgment under Fed. R. Civ. P. 56 in favor of Lomar Shipping. Summary judgment means that the court ruled in favor of a party (here, Lomar Shipping) before trial. The District Court explained that Mr. Andrews did not submit adequate medical evidence to support that climbing the ladder he alleged was negligently rigged caused his injuries. Therefore, summary judgment was warranted because there was no genuine issue for trial.
The difficulty of losing a loved one is compounded when death results from a faulty product. Further anguish occurs when a lawsuit against the defective product manufacturer is dismissed, barring recovery. It is essential to be aware that there are many deadlines and requirements to comply with to avoid the dismissal of a lawsuit. This is the situation in which the Lemieux family found themselves following their loved one’s death. 
What would you do if you were heir to property and found out the City had issued a demolition order for that property? A recent case decided in New Orleans discusses that question. The City of New Orleans, Louisiana, brought administrative proceedings against property owners whose property was allegedly blighted. However, the situation became more complicated because the property owners were deceased. 
Knowing what is in an insurance agreement can determine whether or not you are covered for different injuries. If a buyer signed a policy, did not ensure that certain aspects were covered, and then never bothered to check or revise the policy, this person will likely be held accountable for knowing precisely what is in that policy.
The history of American jurisprudence is filled with various attempts by state legislatures and courts to grapple with the issue of liability that should be imposed on those in the business of serving alcohol. On the one hand, it makes logical sense to hold bars responsible for profiting from serving drinks to patrons to the point of intoxication and sending them out the door to wreak havoc on the world. Indeed, many jurisdictions have enacted “dram shop” laws to create this kind of liability. On the other hand, individual responsibility is a strong and enduring concept, and many states place the responsibility for drunken behavior squarely on the party that imbibes.
One of the first things that occur after a car accident is the parties exchange insurance information. But, unfortunately, just because someone has an insurance card doesn’t always mean they are covered for the wreck they caused. A driver in Metairie learned that lesson the hard way, as shown by the case below.
Usually, in a dispute concerning a car accident, the issue surrounds fault or the extent of injuries. Occasionally though, the argument is whether a passenger in one of the vehicles was even a passenger. Evidence that one was a passenger and present during the accident would seem helpful but does not guarantee recovery, as one plaintiff learned after a 2011 car accident in Jefferson Parish.
Litigation can be lengthy and costly, especially when expert witnesses get involved. The good news is that a prevailing party can be awarded many of these costs at the trial court’s discretion. The bad news? Not every fee may be granted, as Carlo Conforto learned in a case he brought to the Twenty-Fourth Judicial District Court in Jefferson Parish.
Deadlines matter in all areas of life, but in the legal world, they can determine whether a lawsuit will move forward or even get started. In Louisiana, a prescriptive period is a window of time for legal action to be brought and enforced. Depending on the kind of claim, the prescriptive period may be longer or shorter than you think.