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Articles Posted in Property

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Condo Management Company Liable to Owner For Loss of Use Of Condo Unit

Picture this: you’ve just bought a new condo, envisioning a future filled with joyful moments shared with loved ones. But what happens when those dreams are shattered because the condo management company neglects essential repairs for years on end? Robert Jordan, a condo owner, experienced this very nightmare when he…

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Pregnancy as a Disability and Employment Discrimination: A Case Analysis

Pregnancy invariably alters a woman’s life.  The process is physically demanding and disruptive, but do these challenges entitle a female employee to disability status under the law?  According to a recent Slidell, Louisiana lawsuit, pregnancy is not considered a disability under Louisiana employment discrimination law.   Shameka Brown worked as a…

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The Fine Print: Untangling Insurance Coverage Overlap

Dealing with the elements is an inherent part of construction work. Yet, sometimes the elements get unexpectedly unruly. This is where insurance is supposed to step in and compensate for delays or damage. In the following case, however, overlapping insurance policies made determining who should step up difficult.  Gibbs Construction,…

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How Can I Prove Ownership of Land Through Aquisitive Prescription in Louisiana?

Aquisitive Prescription. It is a strange-sounding set of words, yet it can be vital in proving ownership of land and property in Louisiana. What exactly is it? The subsequent lawsuit helps answer that question and the following one: How can I prove ownership of land through acquisitive prescription in Louisiana?…

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Door Closing Mechanism Causes Trip and Fall, Who is Liable?

Some doors, such as bathroom doors, are heavy and have quick automatic closing mechanisms attached. If a door of that nature hits you in the back on your way and knocks you down, who is liable? The following case out of New Orleans shows how courts deal with door-closing mechanisms…

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Judicial Notice of Facts, When Can and Can’t it Be Used in Louisiana Trials

When another or a company’s actions harm a person, he is entitled to financial relief under Louisiana law. The law also requires proof of damages to prove entitlement to monetary compensation. Damages are proven by submitting facts to a trial court. Sometimes the parties agree upon the facts, and sometimes…

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When a Building’s Ledge is Open and Obvious, Building Owner Not Held Liable for Fall

Tripping over a ledge in public can be both embarrassing and painful. Sometimes the fall can result in serious injuries. Who should be at fault for any damages sustained? As with many legal issues, it depends. Unfortunately for one woman in Covington, Louisiana, the apparent nature of the ledge, coupled…

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Fifth Circuit Court Finds Succession Administrator Can Bring Civil Rights Action

What would you do if you were heir to property and found out the City had issued a demolition order for that property? A recent case decided in New Orleans discusses that question. The City of New Orleans, Louisiana, brought administrative proceedings against property owners whose property was allegedly blighted.…

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Lafayette Homebuyer Lawsuit Unsuccessful in Holding a Home Seller Liable for Defects

Buying a house and later discovering that the house has foundational defects is a nightmare every homeowner seeks to avoid. Even more unpleasant is to find out that you do not have any recourse against the seller. The nature of such recourse would partially depend on when the defects were…

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Louisiana Fifth Circuit Court of Appeals Affirms Lower Court’s Decision in Home Damage Lawsuit

In Louisiana, if someone does work to your home and you find the work to have been completed unsatisfactorily, you have a one-year prescription period to bring the issue to court. However, what does one do if problems from this work do not appear right away? Considering the statute that…

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