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Articles Posted in Wrongful Death

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When Is Department of Transportation and Development Liable For Car Accident Damages?

We all expect the government to take appropriate measures to keep roads safe. If you or a loved one has been harmed from an unsafe road condition, you might be able to file a lawsuit against the Department of Transportation and Development.  Lacy Johnson was driving a car that was…

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Vicarious Liability Doesn’t Always Extend Liability for an Employees Actions

Vicarious liability in the context of work-related accidents is a complex legal issue that necessitates careful analysis of the state’s code. The case of Sarah Barber serves as a compelling example of the potential consequences when a government employee causes an accident while performing their job duties. Understanding the nuances…

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Asbestos Case Sent Back To State Court Because Of Lack of Causal Nexus

Unraveling the complexities of jurisdiction is essential when determining which court has the authority to hear a lawsuit. Whether a case is heard in state or federal court can have strategic implications, but the path to federal court is paved with complex legal requirements. In this article, we delve into…

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Exposure to Radioactive Materials: Substantiating Injury Claims with Evidence and Expert Witnesses

Exposure to naturally occurring radioactive materials generally increases due to human activity. Proving harm from these activities may be difficult, however. The following Jefferson Parish case demonstrates the need for substantiating your injury claim with evidence. It further shows the weight a court may place on expert witnesses.    In this…

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Are Third-Party Contractors Caught in a Workers’ Compensation Loophole?

The evolving nature of employment now means the relationship between employer and employee can be indirect and through different contracting methods. In addition, many people employed by one company are, in fact, on the job doing work for another. A recent case in Louisiana highlights these distinctions and the risks…

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My Lawsuit was Removed to Federal Court. What does that Mean?

Although most people have heard of both state and federal courts, many do not know when a party in a lawsuit can move a case to a different court. This happened to Howard Zeringue, who first filed a lawsuit in Louisiana state court, but soon found himself in the United…

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Insurance Disputes and Lack of Admitted Evidence Complicate Asbestos Injury Lawsuit

Insurance policies are often lengthy and very complicated. Therefore, understanding who may be liable when an injury occurs is critical, as failure to do so may lead to complex and expensive court proceedings. The following Iberville Parish case demonstrates the problems that arise when multiple insurance companies and policies are…

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Liability in Boating Accidents with Steering System Failure

Hydraulic steering is part of modern-day recreational vessels. When a boat’s hydraulic steering fails, what party bears liability? The owner, driver, or manufacturer? In the following case, the Louisiana 3rd Circuit Court of Appeal was asked to determine liability and proper damages when a boat’s hydraulic steering system failed. On…

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Drivers of Emergency Vehicles Held to Unique Standard of Care in Louisiana

Despite stringent rules and regulations designed to keep unlicensed drivers off the road, minors often find their way behind the wheel. Police in Gonzales, Louisiana, were forced to reckon with the seriousness of such a driver when a high-speed police chase on Interstate 10 turned deadly in May of 2004.…

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Injuries Sustained When Road Grader Got Stuck on Train Tracks in Grosse Tete, Louisiana

Everyone has experienced or knows about a situation in which a governmental body was liable for damages or injuries caused. When suing a city in Louisiana, there must be some evidentiary support for the elements required under La. R.S. 9:2800. Otherwise, cities would be getting sued for every crack in…

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