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Articles Posted in Negligence

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Challenging Damages Awards: Why Courts Tend to Defer to Juries in Personal Injury Lawsuits

It may not be uncommon to recover less than you had hoped in a personal injury lawsuit. However, challenging the amount of money you are awarded to get more is a challenging feat. A recent case out of the East Baton Rouge Parish explains why courts tend to defer to…

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Casino Personal Injury Lawsuit Misses the Jackpot

Casinos can be a chaotic mix of adrenaline and alcohol. While a cultural staple of sportsmanship and skill, it is unsurprising that injuries often occur at casinos. The casino may be liable in some instances, but casino guests are also responsible for acting reasonably and taking precautions to ensure their…

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Tragic Loss: Lawsuit Highlights the Importance of Expert Testimony in Medical Malpractice Cases

Having a sick child can be a nerve-racking time. Having a sick infant is even scarier as you, as a parent, feel helpless. In these times, caregivers turn to the experts in medical centers to help. But, unfortunately, a hospital can’t always help before it is too late.  In June…

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Absent Vehicle, Absent Negligence: Louisiana Appellate Court Affirms Dismissal of Products Liability Lawsuit

Car manufacturers have a duty to provide safe vehicles for drivers and passengers. A safe car includes an airbag that can help lessen the effects of an auto accident. What happens when your airbag doesn’t expand during a wreck? Can you sue the manufacturer of that airbag? An Ascension Parish…

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Are Third-Party Contractors Caught in a Workers’ Compensation Loophole?

The evolving nature of employment now means the relationship between employer and employee can be indirect and through different contracting methods. In addition, many people employed by one company are, in fact, on the job doing work for another. A recent case in Louisiana highlights these distinctions and the risks…

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Can a Judge increase a Jury’s Award of Damages?

The jury process is considered the great equalizer when it comes to the everyday man fighting large corporations. Juries in Louisiana are made up of twelve people tasked with evaluating the evidence and legal arguments of the parties. While juries do, their best mistakes can be made and corrected by…

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Two Sides to Every Story: How Does a Louisiana Court Determine Who is Credible?

Courts often hear contradicting testimony and must decide who to believe or who is more credible. For example, the following Calcasieu Parish case involves two individuals who were married at the time of the altercation but have since divorced and the importance of providing the most credible testimony.    Although Mr.…

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How to Determine Who is At Fault in an Automobile Accident in a Parking Lot

In automobile accident cases, determining the drivers’ liability is often the core issue in determining damages. Unfortunately, who is at fault in a car accident in a parking lot can be tricky. The following lawsuit out of Lake Charles shows how courts weigh the evidence and come to conclusions in…

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Disabled Louisiana Plaintiff Successfully Appeals to Regain Coverage for His Insurance Policy

One’s life is forever altered after an incapacitating injury. While the situation comes with enough issues, problems are enhanced when medical providers merge and change the disability benefits you have relied upon for a year. Unfortunately, this is precisely what happened to Michael Swinea after Humana Inc. bought Kanawha Insurance…

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What is a “Two Contract Defense” In Louisiana Lawsuits?

When subcontractors get injured at work, it can be confusing to determine who is liable for damages. This case shows a company’s failed attempt at using the “two contract defense” to dismiss claims in a slip and fall case. It also helps answer the question; What is a two-contract defense…

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