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Articles Posted in Negligence

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Medical Malpractice Claim Dismissed For Plaintiff’s Failure To Show Sufficient Evidence

The prospect of undergoing medical procedures carries inherent risks; sometimes, unfortunate incidents can lead to injuries. In such cases, individuals can pursue medical malpractice claims to seek compensation for damages. A crucial aspect of these claims is presenting the appropriate evidence and adhering to procedural requirements. A telling illustration of…

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Emergency Medical Technician Not Liable When Following Proper Protocols During Medical Emergencies

When medical emergencies strike, the rapid response of emergency medical technicians (EMTs) can mean the difference between life and death. However, the high-pressure nature of their role can also give rise to complex legal questions when outcomes take a tragic turn. Richard Miller’s case sheds light on the intricate landscape…

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Plaintiffs’ Damages Awarded Can Vary Based On Evidence Presented

When multiple people are injured in the same incident, you might expect they are all eligible to recover the same type of damages, even if the precise dollar amount varies. This case indicates how the categories of damages awarded can vary by plaintiff, depending on the testimony and other evidence…

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Exploring Complex Damage Awards in Workplace Injury Lawsuits

While headlines often tout substantial monetary awards for injured workers, the intricacies of such compensation might remain shrouded in mystery. Behind every high-stakes verdict lies a meticulous process of presenting compelling evidence to substantiate the array of damages claimed. In a recent case involving workers at a Firestone Polymers plant,…

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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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