Imagine shopping for flooring on a Saturday. The store is crowded and the samples of luxury vinyl tile are starting to all look the same. The flooring store has graciously placed a bench in the showroom. Much to everyone’s embarrassment, however, the bench collapses under the weight of a patron.…
Articles Posted in Negligence
Slidell, Louisiana Slip and Fall Case Fails to Stand Up Under Summary Judgment
Slip and fall cases seem to go with grocery stores like peanut butter goes with jelly. With all that slick inventory, it is surprising there are not more accidents. Who is responsible for injuries from these accidents? As with many legal issues, it is complicated. For one man out of…
She Snoozed, She Lost: Time-Barred Personal Injury Claims in Louisiana
No one wants to think about how to find a good lawyer or whether they should file a lawsuit after they’ve been injured. Most likely, they are preoccupied with trying to heal. But it is critical to keep in mind that many claims may be time-barred, and a lawsuit cannot…
Officer Immunity for Damages to Third Party While in Pursuit of Suspect Affirmed
A police pursuit of a suspect can be a dangerous scenario for all individuals in the vicinity of the pursuit. But what happens when the officer collides with a party while in pursuit, and your car is then struck due to the first accident? The First Circuit Court of Appeal…
Jail Nurses Protected by Qualified Immunity in Louisiana
When our loved one is under the care of others, we expect him or her to be free from pain and neglect. Unfortunately, the authorities in charge of our loved one can make mistakes, and sometimes, the mistakes can be fatal. In such cases, we would likely blame the authorities…
Lafayette Parish School Board Found Liable for School Bus Wrongful Death Lawsuit
Losing a child is always an extremely difficult experience for a parent to go through, and it is even more difficult when the death is a result of negligence. Normally when negligence occurs, the parents bring forth a wrongful death lawsuit against the negligent party. On March 14, 2011, six-year-old…
Conflicting Stories in New Orleans Car Accident
Generally, when you have a car accident it is a fender bender, and it is clear to the police and the court what events took place. However, in some situations, the evidence can support different versions, and the parties do not agree on what occurred. Typically, when there are conflicting…
Louisiana Plaintiff Denied Insurance Claim Due to the Definition of Resident
In the law, words matter greatly. How even one word is defined can make or break a lawsuit. However, courts do not allow words to be defined willy-nilly. There are certain methods courts will use to define words. In the case below, we will see how the plaintiff’s case was…
Louisiana Court of Appeal Evaluates Who is at Fault when a Horse and Car Collide
While there are many steps that can be taken to prevent road accidents, accidents still happen. When accidents occur, we are left to determine who is at fault. For many people, automobile insurance is the only lifeline to help them recover from the accident. However, to automobile insurers, the question…
Monroe Tire Store Found Not Liable for Auto Accident Caused by Defective Tire
Caveat Emptor. This is a common consumer warning, more easily recognized in English as “Buyer Beware.” But what if a defective product wasn’t actually bought, but given away for free? Monroe resident Jason Falcon faced this issue. In April 2012, Falcon called several local tire stores looking for a new…