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Articles Posted in Negligence

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The Clock is Ticking: Understanding Prescription in Louisiana Personal Injury Cases

In personal injury law, the concept of “prescription” plays a crucial role. It’s essentially a deadline for filing a lawsuit; if you miss it, your claim could be barred forever. A recent Louisiana Court of Appeal case, Jones v. Iberia Parish Government et al., highlights the importance of understanding prescription…

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When Does Police Immunity Apply in Louisiana?

In a recent Louisiana Court of Appeal decision, a case involving a police shooting during an arrest attempt highlighted the complexities of qualified immunity for law enforcement officers. The case, Marshall v. Sandifer, centered around Ervin Marshall, who was shot by a state trooper while attempting to evade arrest. The…

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Rear-Ended and in Pain: Navigating Damages in a Louisiana Car Accident Case with Pre-Existing Conditions

In a recent personal injury case, Latulippe v. West Jefferson Medical Center, the Louisiana Court of Appeal tackled the complexities of assessing damages in a car accident case where the plaintiffs had pre-existing medical conditions. The case arose from a rear-end collision on the Crescent City Connection bridge involving an…

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Dental Malpractice in Louisiana: Understanding the Medical Review Panel Requirement

A recent Louisiana Court of Appeal decision, Brimmer v. Eagle Family Dental, Inc., has underscored the critical procedural steps involved in bringing dental malpractice claims in the state. The case highlights the necessity of first presenting claims against qualified healthcare providers to a medical review panel before filing a lawsuit. Let’s…

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Insurance Agent’s Negligence Costs Them in Court

A recent Louisiana Court of Appeal decision underscores the importance of insurance agents fulfilling their duties with reasonable diligence and care. In Upscale Fashions, Inc. v. Botsay Insurance Network, Inc., an insurance agent’s failure to properly procure and communicate coverage details led to a significant financial loss for the insured and…

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Can a Hospital Be Held Liable for a Patient’s Sexual Assault that Occurred Offsite in Louisiana?

In a heart-wrenching case involving the sexual assault of a patient at an outpatient psychiatric treatment facility, the Louisiana Court of Appeal, Third Circuit, recently affirmed a summary judgment that dismissed claims against two individual owners/officers of the facility. The decision, handed down in Sam v. Genesis Behavioral Hospital, underscores…

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Louisiana Court Reinstates Summary Judgment in Medical Malpractice Case: The Importance of Timely Expert Evidence

In a recent decision, the Louisiana Court of Appeal, Third Circuit, underscored the importance of adhering to procedural rules in medical malpractice cases. The case, Ogbebor v. Lafayette General Medical Center, involved the death of Mary Ogbebor and her husband’s subsequent lawsuit against the medical professionals involved in her care.…

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When a Workplace Injury Crosses State Lines: Navigating the Complexities of Workers’ Compensation and Tort Liability

In today’s interconnected world, it’s not uncommon for employees to find themselves working across state lines. But what happens when an injury occurs in a different state than where the employment contract was formed? Whose laws apply? Can an injured worker sue their employer, or are they limited to workers’…

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Mold, Rats, and the Law: When a Tenant’s Nightmare Isn’t the Landlord’s Fault

Imagine moving into your new apartment, only to find it’s more like a horror movie set than a cozy home. Mold creeping up the walls, evidence of unwanted rodent roommates… it’s enough to make anyone sick. But does that automatically mean your landlord is liable? A recent court case dives…

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Construction Worker’s Electrocuted Injury Leads to Dispute Among Defendants Over Liability

Contracting and subcontracting in the construction industry are standard practices. However, they can create several challenges when a worker is injured. What happens, for instance, when the employee of a subcontractor is injured by a device owned and operated by a municipal government unconnected to the construction project at hand?…

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