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Articles Posted in Property

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Unilateral Signature On Contract To Buy Real Estate Invalid

Buying and selling real estate can be stressful because of the emotions and large sums of money involved. In order to have certainty in transactions involving real estate, Louisiana law has strict requirements of what is required to form a valid contract, including signatures from both the buyer and seller.…

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When Are Stairs An Unreasonably Unsafe Condition?

Sometimes, commonplace items such as stairs can lead to serious injuries. This case involves the unfortunate situation of a woman who fell down stairs and was injured. Under what circumstances can a building owner be held responsible for injuries from falling down the stairs?  Earline Couvillion fell on stairs while…

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Do The Louisiana Recreational Immunity Statutes Apply To Gated Residential Communities?

Under the Louisiana Recreational Use Immunity Statues, owners and operators of property used for recreational purposes are immune for liability for tortious acts. Does this immunity apply when a child is injured playing in a gated residential community?  Three Doyle children were playing in the common area of their subdivision…

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Factual Disputes About Company’s Procedures Preclude Summary Judgment in Slip and Fall Lawsuit

If you slip and fall at a car dealership because of wet floors, you might think you have a slam dunk case. However, if the condition that caused your fall might be considered open and obvious, you could face an uphill battle.  Anna Landry took her vehicle to Leson Chevrolet…

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Property Co-Owner Entitled To Reimbursement From Sale of Property For Certain Property Renovations

Owning property is not easy, especially when you have to share ownership with multiple individuals. Co-ownership can present challenging issues, especially when one owner wants to make renovations or sell the property. This case examines a dispute among family members involving property in the Parish of St. Bernard in Louisiana. …

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What Happens If Court Issues An Inconsistent Judgment?

The legal landscape can be full of unexpected twists and turns, and one such situation arose in this perplexing lawsuit. Erika Mann’s post-Hurricane Katrina home-raising project became a legal battle when she filed a lawsuit against Tim Clark Construction LLC and their insurer, Evanston Insurance Company. As the trial court…

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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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Appellate Court Affirms Trial Court’s Approval of Settlement Agreement in Property Contamination Lawsuit

Can a trial court’s approval of a settlement agreement in a property contamination lawsuit be upheld without determining remediation requirements and the deposit of funds into the court registry? This question lies at the heart of the following case, which features an appeal of the trial court’s judgment approving a…

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What happens if a roofer is injured while putting a new roof on your house?

When accidents occur on a construction site, questions of liability and responsibility arise, leaving property owners wondering about their potential legal obligations. In a compelling lawsuit from Alexandria, Louisiana, the issue of whether a homeowner can be held liable for injuries sustained by a roofer while working on their property…

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City’s Liability for a Child’s Fall on a Defective Sidewalk

Parents can imagine all sorts of dangerous situations their children could find themselves in walking to school – kidnappings, getting hit by a car, bullying. But what happens if the cause of the injury was a defective sidewalk the city was supposed to maintain? Can the city be held liable?…

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