Under Louisiana law, store owners can be held liable for damages if a customer is injured by an unsafe condition while visiting the premises. In November, 2011, Henry Moore, Jr. visited the Murphy Oil gas station and convenience store in Hammond, Louisiana. After making his purchases at the store’s counter,…
Louisiana Personal Injury Lawyer Blog
Lafayette Police Shooting Shows the Limits of Officer’s Qualified Immunity
Qualified immunity is a concept that is designed to protect civil servants from lawsuits for their official actions. The “qualification” means that immunity does not operate for actions that are unlawful or that show extreme incompetence. Generally, under Louisiana law, law enforcement officers are entitled to immunity so long as…
Baton Rouge Man Accuses District Court of Abusing Its Discretion and Denying Him Due Process
The Louisiana Code of Civil Procedure provides that a court has wide discretion in granting a continuance (a postponement of the proceedings) in any case where appropriate. See La. C.C.P. art. 1601. But what constitutes appropriate grounds for a continuance? A court must take into account the specific facts of…
After Bar Fight in Lake Charles, Louisiana, Court Reviews Award of Damages
People bring lawsuits in order to obtain compensation for wrongs they have endured. Even when there is no dispute about liability, determining the appropriate categories and amounts of damages can be complicated as it involves numerous legal and technical issues. Damages can encompass everything from past and future medical expenses…
Court Overturns Finding of Comparative Fault and Awards Damages
In Louisiana, determining the allocation of fault is an important part of lawsuits because it directly impacts the damages you can be awarded. If you are found 40% at fault, then you will only be able to collect damages for 60% of total damages. Bordelon was employed by Avoyelles Parish…
Court Affirms Award of Damages from Negligent Massage
Imagine going to get a massage and leaving with an injury that forever altered your life. After such an injury, it is difficult to put a dollar value on these injuries. The following lawsuit discusses the types of damages that can be sought by a Plaintiff who believes that they…
Court Reverses Award of Damages for Failure to Comply with Flood Insurance Requirements
There are multiple requirements and policies that claimants must follow in order to be eligible to recover on a claim under a National Flood Insurance Program (“NFIP”) Standard Flood Insurance Policy (“SFIP”). See 44 C.F.R. pt. 61, app. A(1) art. VII sec J (2009). Failure to comply precisely with these…
Court Affirms Denial of Claim for Failure to Comply with Flood Insurance Requirements
The National Flood Insurance Program (“NFIP”) is intended to provide affordable flood insurance on fair terms. The Federal Emergency Management Agency (“FEMA”) is responsible for administering and regulating NFIP. There are multiple requirements and policies that claimants must follow in order to be eligible to recover on their claim. The…
Court Upholds Award of Damages for Retaliation Against Pilot for Complying with Federal Law
You may think that your company would be pleased if you try to comply with company policies. However, this is not always the case, especially when following policies can lead to adverse outcomes for the company, such as delayed flights or lost profits. Roger Luder worked as a pilot and…
The Canal Won’t Save You: Louisiana Waterway not Acceptable Passageway for Enclosed Estates, Part 2
This is a continuation of a previous post on the “DE Property,” an enclosed estate in St. Martin Parish. Where there is an enclosed estate, which is a property that cannot get to a public road, Louisiana law allows the owner of the estate to force an adjoining property owner…