Articles Posted in Negligence

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Golden-lit open law book labeled ‘Article 4’ with scales of justice and the Louisiana State Capitol in the background, symbolizing clarity and fair interpretation in Louisiana law.When the Law Is Silent

Have you ever wondered what happens when no written law or legal tradition clearly applies to a situation in Louisiana? Our state’s legal system is rooted in the Civil Code, which doesn’t just define laws — it also provides guidance for what courts must do when neither legislation nor custom offers an answer.

That’s where Louisiana Civil Code Article 4 comes in. It ensures that justice doesn’t stop just because no statute or precedent exists. Instead, it calls on courts to decide according to equity, using principles of justice, reason, and prevailing usages.

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Flames and smoke rise from the Smitty’s Supply chemical plant explosion in Roseland, Louisiana.

The Berniard Law Firm was featured in Legal Newsline’s Louisiana Record for representing Roseland residents after the Smitty’s Supply chemical plant fire.

Legal Newsline’s Louisiana Record recently featured the Berniard Law Firm for filing a class action lawsuit on behalf of more than 100 Roseland residents affected by the Smitty’s Supply chemical plant explosion and fire in Tangipahoa Parish Legal Newsline.

The firm’s complaint alleges that class members suffered a range of injuries—including headaches, respiratory problems, skin and eye irritation, people who own property that was covered in oil, clean up costs, and many other claims—as a result of exposure to toxic chemicals and soot from the explosion Legal Newsline.

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Image of the Smitty’s Supply explosion and fire in Roseland, Tangipahoa Parish, Louisiana, showing thick smoke and flames after the lubricant plant accident that led to evacuations.On August 22, 2025, the Tangipahoa Parish community was shaken by the massive explosion and fire at Smitty’s Supply, Inc. The incident released thick, black smoke, ash, and oily residue across nearby neighborhoods and waterways, forcing residents to evacuate and leaving families with property damage, health concerns, and lingering uncertainty about long-term effects.

In response, the Berniard Law Firm has filed a class action lawsuit on behalf of affected residents and property owners. The suit alleges that Smitty’s Supply failed to properly maintain its facility and negligently stored hazardous petroleum and chemical products, creating conditions that led directly to the explosion and fire.

The lawsuit seeks damages for:

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Image of the Smitty’s Supply explosion and fire in Roseland, Tangipahoa Parish, Louisiana, showing thick smoke and flames after the lubricant plant accident that led to evacuations.On August 22, 2025, residents of Roseland and surrounding Tangipahoa Parish woke up to a terrifying scene: a massive explosion and fire at Smitty’s Supply Inc., a lubricant manufacturing and distribution facility. The incident forced evacuations, sent thick black smoke into the air, and left homes, cars, and yards covered in an oily residue that rained down with the storm that followed.

As investigators work to determine the cause, many families and employees are left wondering: What happens next? What are my rights if I was affected?

The Impact of the Smitty’s Fire

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mma_fight_maza_maza-1024x683This case delves into a courtroom clash that spilled over into a legal battle, raising questions about the appropriateness of summary judgment when factual disputes remain at the heart of the matter.

Case Background

Felix DeJean, an attorney, got into a physical altercation with District Attorney Bradley Burget while discussing a case in a judge’s chambers. DeJean was later convicted of simple battery in a criminal trial. He then filed a civil lawsuit against Burget, seeking damages for injuries sustained in the altercation. Burget claimed he acted in self-defense, arguing that DeJean was the aggressor. The trial court granted summary judgment in favor of Burget, dismissing DeJean’s case.

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wine_grocery_store_supermarket-1024x768The following case dives into the world of “slip and fall” lawsuits in Louisiana, where the law sets specific requirements for holding merchants liable for injuries on their premises.

Case Background

Gwendolyn Thibodeaux fell while shopping at a Super 1 Foods store in Lafayette. Although the fall was captured on video, the cause was not immediately clear. Ms. Thibodeaux sued Super 1, alleging they were negligent in keeping their floors safe. After a trial, the court ruled in favor of Super 1, finding that Ms. Thibodeaux failed to prove the store’s liability under Louisiana law.

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car_old_car_car-2-1024x683The following case explores the concept of “permissive use” in the context of uninsured/underinsured motorist (UM) insurance coverage. Specifically, it examines whether a son, given a company truck for work and personal use, had the authority to grant his father permission to drive the vehicle, thereby extending UM coverage to the father under the company’s policy.

Case Background

Randal Boudreaux was involved in an accident while driving a truck owned by AES Drilling Fluids, LLC, and insured by Commerce and Industry Insurance Company. The truck was assigned to Randal’s son, Micah, an AES employee. Micah had been given the truck for both business and personal use, subject to certain company policies.

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pexels-brett-sayles-1756957-1024x683A celebratory night out turned into a nightmare for Reuben Ellis when he was shot in a parking lot after attending a friend’s wedding reception at Bella Noche nightclub. Ellis’s quest for justice led him to sue not only the nightclub but also the property owner, Plaza Holdings, LLC. This legal battle highlights the complexities of premises liability and the extent to which property owners are responsible for the safety of their tenants’ patrons.

The Incident & Ensuing Legal Battle:

In the early hours of July 27, 2015, gunfire erupted in the parking lot outside Bella Noche, leaving Ellis with a gunshot wound to the neck. He sued several parties, including Plaza Holdings, the owner of the shopping center where the nightclub was located.

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pexels-adrien-olichon-1257089-5230094-683x1024In the world of industrial contracts, the devil often lies in the details – especially when it comes to indemnity clauses. These clauses determine who bears the financial responsibility if something goes wrong, and they can be a source of heated legal battles. This is precisely what happened in the case of Godfrey T. Fagot v. Dow Chemical Company, et al., where Turner Industries and Honeywell International clashed over the interpretation of their contracts.

The Underlying Lawsuit:

Godfrey Fagot, a former pipefitter/welder, sued several companies, including Turner Industries and Honeywell, claiming he developed mesothelioma due to asbestos exposure while working at Honeywell’s facility. Turner, a contractor for Honeywell, had signed contracts in 1978 and 1985 containing indemnity provisions.

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pexels-pixabay-532001-2-1024x683Emergency responders have a critical job, often requiring them to speed and navigate through traffic to reach those in need. But what happens when those actions result in an accident? Who’s at fault when an officer responding to an emergency collides with another vehicle? A recent Louisiana Court of Appeal case, Karonda Washington v. OneBeacon America Insurance Company, et al., sheds light on these complex issues.

The Collision

Late one night in Baton Rouge, Karonda Washington was a passenger in a car driven by her daughter, Shankeyshia Jones. Two sheriff’s deputies, Brad Manuel and Tyler Comeaux, were rushing to a disturbance call with their lights and sirens activated. Jones moved her vehicle into the left lane to make a turn, and Deputy Manuel stopped behind her. As Deputy Comeaux attempted to pass, he rear-ended Manuel’s cruiser, pushing it into Jones’ vehicle and injuring Washington.

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