Summary judgment is a judgment entered by a court for one party and against another party without a full trial. More specifically, summary judgment may be granted where the legal claim or cause of action can be decided upon certain facts without a trial. Can you receive summary judgement in…
The state is not a guarantor of the safety of motorists using their roads, meaning you must be vigilant and careful while driving. See Thompson v. State of Louisiana, 701 So.2d 952 (La. 1997). But what happens when something falls on your car while you are driving on a public…
Can an inmate be awarded damages from an injury caused by the employees of the correctional facility? According to the 5th Circuit Court of Appeal, the answer is yes. Mr. Miller was an inmate at Elayne Hunt Correctional Facility when an employee of the facility pulled him out of his…
Grease is often used to make foods easy to remove from pans and baking sheets. It creates a slippery, smooth surface that allows most foods to slide right out of the pan. Unfortunately, when grease meets a wood floor, humans walking over can slide around as well. Sharon Tomlinson found…
The bond between people and their dogs can be one as close as family. Whether they serve as pets, guides, or even co-workers, dogs can provide a type of comfort and comradeship that is completely unique. It is sometimes easy to forget that dogs are animals that can chase, scratch,…
Under Louisiana law, an owner of a building is not necessarily responsible for all injuries resulting from any risk posed by the building. Owners are only responsible for those injuries caused by defective conditions, and courts have recognized that defendants have no general duty to protect against hazards that are…
Most Louisiana residents understand the liability they may incur if they do not properly fence a backyard pool. But what about other, less obvious drowning hazards, such as a church’s baptismal pool? Who is held accountable for the failure to protect children from falling in? Typically, a church is part…
It is all too easy to forget just how dangerous driving can be. In addition to human factors such as sleepiness, being distracted, and stress, there is also the unpredictability of the road. Uncontrollable circumstances such as the weather or wild animals that dart into traffic can turn a regular…
Generally, when an accident occurs on a property that is the result of the property owner’s negligence, it is presumed that the property owner is liable for the person’s injury. However, when liability does not exist, a motion for summary judgment is a procedural device that the defendant in a…
A therapeutic massage can offer many medical benefits. But if the massage therapist uses too much force, or applies force in an inappropriate way, severe injury to the patient can result. In such cases, an experienced personal injury attorney may be needed in order for the patient to recover damages…