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Articles Posted in Negligence

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Can a Plaintiff Prevail in a Medical Malpractice Case Without Expert Testimony?

In the realm of medical malpractice, the intricacies of the legal process can often appear daunting, especially when juxtaposed against the heart-wrenching backdrop of a stillborn baby’s tragedy. K Arceneaux found herself entangled in this very confluence of circumstances, seeking justice for her devastating loss while grappling with legal procedure…

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Court Finds Intentional Acts Exclusion In Homeowner’s Insurance Policy Is An Affirmative Defense

A homeowner’s insurance policy can help protect you if someone is injured on your property. However, like any insurance policy, a homeowner’s insurance policy can include many exclusions that limit what type of injuries your insurance policy will cover. If such an exclusion applies to your claim, your insurance company…

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Developer Not Liable in Lawsuit For Trip Over Wire Frame on a Storm Drain

Imagine walking through your neighborhood only to be seriously injured from tripping over a wire frame on a storm drain. The following case considers whether such a condition is open and obvious. This is an important consideration because if a condition is found to be open and obvious, then defendants…

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Mardi Gras Parade Mishap Leads to Complex Liability Battle

The vibrant spirit of Mardi Gras parades, with their kaleidoscope of colors and joyous revelry, often paints a picture of unadulterated celebration. Yet, beneath the surface of these festivities, unexpected tragedies can unfold, turning the jubilation into a legal labyrinth. Such was the case in Franklin, Louisiana, where a moment…

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The Critical Role of Language in Legal Judgments

At the end of a trial, you are focused on whether or not the Judge ruled in your favor. However, it is not enough to only know who won the case, especially if you are considering an appeal. This case indicates the importance of paying attention not only to the…

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Can a Homeowner Bring a Lawsuit Against a Contractor for Injuries?

Homeowners often have to deal with contractors, such as plumbers, completing work in their homes or yard. What happens when a homeowner is injured from a condition on the property the contractor created? The following case helps answer that question.  Donald and Marilyn Lincoln hired Acadian Plumbing & Drain to…

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Can A Renter Be Liable For An Injury Caused By a Leaky Apartment Ceiling?

When renting an apartment, tenants expect a safe and secure living environment. However, what happens when an accident occurs due to negligence by the apartment owner and management company? If a leaky roof in your apartment injures you, can you make a claim for your injuries? The following lawsuit answers…

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City and Emergency Responders Not Liable For Injuries Sustained En Route To Hospital

Medical emergencies call for swift and professional response from emergency medical personnel. However, what happens when a patient sustains additional injuries during transit due to unforeseen circumstances? The following case highlights the complexities of dealing with immunity laws for government employees and emphasizes the importance of seeking legal counsel to…

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Is Nursing Home Fall Medical Malpractice or Tort?

Many of us provide support to elderly folks in our lives through our time and money. We expect the utmost attention and respect when we send a loved one to a care facility. Sometimes accidents happen, whether by negligence or by accident, that result in injury to patients. Regardless of…

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Look Both Ways Before You Cross!: Pedestrian Fault Allocation

People often assume that pedestrians always have the right of way. While this adage is partially true, pedestrians who avoid proper safety protocols can be found more at fault for an injury than the car that struck them. If avoiding physical trauma is not motivation enough to look both ways…

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