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Golden-lit open law book labeled ‘Article 4’ with scales of justice and the Louisiana State Capitol in the background, symbolizing clarity and fair interpretation in Louisiana law.When the Law Is Silent

Have you ever wondered what happens when no written law or legal tradition clearly applies to a situation in Louisiana? Our state’s legal system is rooted in the Civil Code, which doesn’t just define laws — it also provides guidance for what courts must do when neither legislation nor custom offers an answer.

That’s where Louisiana Civil Code Article 4 comes in. It ensures that justice doesn’t stop just because no statute or precedent exists. Instead, it calls on courts to decide according to equity, using principles of justice, reason, and prevailing usages.

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Bold teal and gold graphic featuring the title ‘Understanding the Roots of Louisiana Law’ by Berniard Law Firm, symbolizing Louisiana’s Civil Law heritageIntroduction: Understanding the Roots of Louisiana Law

Ever wondered where the laws that govern your daily life in Louisiana actually come from? Unlike many other states, Louisiana has a unique legal system rooted in its Civil Code, and understanding its foundations can be incredibly empowering. Today, we’re diving into the very first articles of the Louisiana Civil Code – Articles 1, 2, and 3 – which lay out the fundamental “sources of law.” In simple terms, these articles tell us where our legal rules originate: through official legislation and, in rare instances, through long-standing custom.

Pillar One: Legislation – The Written Word of Law

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Flames and smoke rise from the Smitty’s Supply chemical plant explosion in Roseland, Louisiana.

The Berniard Law Firm was featured in Legal Newsline’s Louisiana Record for representing Roseland residents after the Smitty’s Supply chemical plant fire.

Legal Newsline’s Louisiana Record recently featured the Berniard Law Firm for filing a class action lawsuit on behalf of more than 100 Roseland residents affected by the Smitty’s Supply chemical plant explosion and fire in Tangipahoa Parish Legal Newsline.

The firm’s complaint alleges that class members suffered a range of injuries—including headaches, respiratory problems, skin and eye irritation, people who own property that was covered in oil, clean up costs, and many other claims—as a result of exposure to toxic chemicals and soot from the explosion Legal Newsline.

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Attorney Jeff Berniard, founder of the Berniard Law Firm, was recently featured on WGNO News for his leadership in filing a class action lawsuit on behalf of families affected by the Smitty’s Supply explosion and fire in Tangipahoa Parish. Watch the full news story here.

Berniard was asked to provide his perspective on the lawsuit because of his extensive background in complex litigation and class actions. Over the course of his career, he has represented thousands of clients in large-scale cases, including litigation related to Hurricane Katrina insurance disputes, the Deepwater Horizon oil spill, and Chinese drywall contamination.

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Image of the Smitty’s Supply explosion and fire in Roseland, Tangipahoa Parish, Louisiana, showing thick smoke and flames after the lubricant plant accident that led to evacuations.On August 22, 2025, the Tangipahoa Parish community was shaken by the massive explosion and fire at Smitty’s Supply, Inc. The incident released thick, black smoke, ash, and oily residue across nearby neighborhoods and waterways, forcing residents to evacuate and leaving families with property damage, health concerns, and lingering uncertainty about long-term effects.

In response, the Berniard Law Firm has filed a class action lawsuit on behalf of affected residents and property owners. The suit alleges that Smitty’s Supply failed to properly maintain its facility and negligently stored hazardous petroleum and chemical products, creating conditions that led directly to the explosion and fire.

The lawsuit seeks damages for:

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Image of the Smitty’s Supply explosion and fire in Roseland, Tangipahoa Parish, Louisiana, showing thick smoke and flames after the lubricant plant accident that led to evacuations.On August 22, 2025, residents of Roseland and surrounding Tangipahoa Parish woke up to a terrifying scene: a massive explosion and fire at Smitty’s Supply Inc., a lubricant manufacturing and distribution facility. The incident forced evacuations, sent thick black smoke into the air, and left homes, cars, and yards covered in an oily residue that rained down with the storm that followed.

As investigators work to determine the cause, many families and employees are left wondering: What happens next? What are my rights if I was affected?

The Impact of the Smitty’s Fire

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dollar_bank_note_money-1024x768This 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 found Dollar General liable and awarded Mr. Pierite $30,000 in general damages plus other costs. Dollar General appealed the judgment.

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mma_fight_maza_maza-1024x683This case delves into a courtroom clash that spilled over into a legal battle, raising questions about the appropriateness of summary judgment when factual disputes remain at the heart of the matter.

Case Background

Felix DeJean, an attorney, got into a physical altercation with District Attorney Bradley Burget while discussing a case in a judge’s chambers. DeJean was later convicted of simple battery in a criminal trial. He then filed a civil lawsuit against Burget, seeking damages for injuries sustained in the altercation. Burget claimed he acted in self-defense, arguing that DeJean was the aggressor. The trial court granted summary judgment in favor of Burget, dismissing DeJean’s case.

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clock_time_time_indicating_8-1024x683The following case deals with the important legal concept of prescription (similar to a statute of limitations) and the rules for adding new parties to a lawsuit after the deadline has passed.

Case Background

Randall Iles was injured in a car accident and sued his auto insurer, State Farm Mutual, under his uninsured motorist (UM) coverage. Nearly five years after the accident, he amended his lawsuit to include State Farm Fire, his umbrella policy provider. State Farm Fire argued that the claim against them was prescribed (too late) because they weren’t a solidary obligor with State Farm Mutual. The trial court agreed and dismissed the claims against State Farm Fire.

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wine_grocery_store_supermarket-1024x768The 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 video, the cause was not immediately clear. Ms. Thibodeaux sued Super 1, alleging they were negligent in keeping their floors safe. After a trial, the court ruled in favor of Super 1, finding that Ms. Thibodeaux failed to prove the store’s liability under Louisiana law.

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