When multiple companies work together on a project that causes an injury how is liability decided between the companies? That was the case when two Parish of Jackson truck drivers and their trucks were sprayed with acid from a broken hose. The two companies in charge of the project pointed…
Articles Posted in Negligence
Parish of Lafayette Found Not Liable for Inmate’s Injury
Law abiding citizen or not, people expect local governments to keep them safe, especially from dangerous conditions on public property. But, just how much responsibility do local governments have in keeping public grounds safe? This question was recently answered in a case coming out of Lafayette Parish. On November 15,…
Judicial Interpretation of Automobile Accident Testimony Given High Deference on Appeal in Case Out of Westwego
Automobile accidents are an unfortunately common occurrence; becoming increasingly more common with the temptations of texting and social media use while driving. While not all accidents result in life-threatening injuries, they do most often come with at least the headache of assigning fault. Figuring out who was at fault sometimes…
Court Rules Pre-Existing Conditions Not A Bar To Recovery for Person injured in Erath
Sometimes judges and juries make mistakes that prevent injured parties from obtaining the relief they deserve. Both judges and juries can be swayed by arguments and make rulings that seem contrary to the weight of the evidence presented at trial. In such a situation, it is important to have an…
Injured Gym Member’s Claim Denied On Grounds That Member Was A “Sophisticated User”
Many people own a gym membership but upwards of 80% of those people fail to regularly go to the gym. If you find yourself infrequently inside of a gym, it can seem like a strange place. There are many different machines and sometimes it isn’t so clear how to properly…
Failure of Hospital Staff To Properly Notify Patient of Device Manufacturer Notice Leads to Medical Malpractice Liability
Medical malpractice can be a nuanced area of the law and good lawyers rely on the facts of a case coupled with their knowledge of the law and expert opinions to adequately perform their jobs. The following case illustrates that a competent legal team can make the most out of…
“Watch Out, Slugger!” Errant Baseball Cost Insurance Provider More Than Policy’s Time Limits in Case Out of Lafayette Parish
Peanuts and cracker jacks are two cornerstones of the game of baseball. However, surgery is not. Yet, when one little leaguer got struck by a baseball during practice, the league’s insurer tried to get out of picking up some of his medical bills. The Louisiana Third Circuit Court of Appeal,…
Tell It to the Jury: Louisiana Court of Appeal Reverses District Court in Medical Malpractice Case
Upon entering a facility for medical treatment, we all hope that we will be treated properly. However, what happens when a medical or health care professional deviates from the profession’s standards? What happens if there is a mistake in the diagnosis or treatment? Such victims certainly have an opportunity to…
Entertainment Company Not Responsible For Concert Goer’s Injuries Sustained at Baton Rouge Centroplex, Despite Venue Hazards
What starts out as an entertaining night out for a concert with friends, ends with painful injuries. Instead of enjoying your favorite music with companions, you must go to the hospital to treat injuries sustained due to negligent maintenance of the concert venue. You are now recovering from your injuries…
Louisiana Court of Appeal Upholds Jury Award for Bossier Parish Family in School Bullying Case
School bullying is a commonly discussed problem in our generation. Parents are often faced with dilemmas on how to protect their children and instruct them in dealing with bullies at school. In earlier eras perhaps this was considered a problem for the individual family to bear alone. In a recent…