Pain And Suffering Claims

May 24, 2010

Shreveport Slip and Fall Illustrates Law’s Approach to Liability

If you have slipped and fallen in a Louisiana store, you may not realize you are not alone. What’s more, you might not understand that you may have the legal rights to make a claim against the store for the incident. Just recently a lawsuit was filed in western Louisiana by a customer of a store who injured herself on the premise. These types of cases are classically known as “slip and fall” case. The victim in this case, Leona Jordan, was shopping at Walmart when she slipped on water that had accumulated on the floor and fell. Jordan was injured and hurt her hip, back, knee, and leg.

These types of accidents are far from rare. In fact, earlier this month Ellen Hickman injured herself at a Louisiana Dollar General store. She slipped and fell on a small plastic toy. As a result of the accident, she hurt her lower back, back of her head, ankle, and right leg.

If you have had a similar experience, you should know that Louisiana has laws in place to protect you.

May 21, 2010

Pedestrian Killing near Highway Shows Need for Increased Awareness about Pedestrian-Automobile Safety Laws

by Berniard Law Firm

The roadways are a dangerous place for any individual, regardless if they are driving or merely a pedestrian. Because of environmental dangers as well as a wide variety of mechanical and human errors that can occur as cars drive across this country, it is important to understand the complexities of the law. Accidents involving pedestrians and cars happen all too often and the law does not entirely back the pedestrian in all incidences.

According to the St. Mary and Franklin Banner-Tribune, a pedestrian was struck and killed by an automobile on Saturday April 10th while walking along the U.S. 90 Service Road in western St. Mary Parish. The pedestrian was Danny Gautreaux, 52, of Patterson. Mr. Gautreaux was walking eastward on the westbound lanes of the U.S. 90 at Penn Road around 9 p.m. when he was struck by a 68 year-old woman driving a 2001 Ford Taurus. Louisiana State Police spokesperson Stephen Hammons took the occasion to remind pedestrians that Louisiana state law demands that they walk on sidewalks where sidewalks are provided. When there is no sidewalk, pedestrians are expected to walk on the shoulder of the road against the flow of traffic. Gautreaux was walking in the traffic lane when he was struck. He was pronounced dead at the scene by the St. Mary Parish Coroner. A press release reveals that Gautreaux was believed to be walking from his vehicle which had run out of gas near the site of the crash.

Pedestrians should note that they do not always have the right of way. Under Louisiana law (R.S. 32:211) pedestrians have the right of way in crosswalks whether traffic-control signals are in operation or in place or not. Vehicles are expected to slow down or stop to yield to a pedestrian within a crosswalk but the law also provides that it is unlawful for pedestrians to “walk along and upon an adjacent roadway” where sidewalks are available (R.S.32:215). Where there are no sidewalks, pedestrians walking along a highway are expected to walk only on the left side of the roadway or its shoulder facing approaching traffic. Even if a vehicle happens to break down or run out of gas, pedestrians should not engage in soliciting rides or help by standing in the roadway. (See R.S. 32:216).

May 19, 2010

Corporal Punishment: Louisiana Court of Appeals Case from 1979, Still Relevant Today

by Berniard Law Firm

The Louisiana Court of Appeals’ 1979 ruling in Thompson v. Iberville Parish School Board provides insight into what factors should be considered when asking if a teacher has inappropriately punished a student. This decision reversed a previous ruling in favor of an Iberville Parish elementary school student and found in favor of the school and teacher.

12 year old Bryan Wilson was in a music class at St. Gabriel Elementary school when his teacher extended his leg and pushed him with his foot in the right buttock. The teacher claimed that it was the easiest way to get the unruly student’s attention and that he had been reprimanded previously to turn around and pay attention to no avail. Bryan on the other hand, claimed the kick was extremely hard, causing him to cry out in pain and even miss several days of school. The trial court found in Bryan’s favor and awarded his mother $500 on his behalf for pain and embarrassment suffered. They found that although corporal punishment was acceptable under Louisiana law (and teachers were provided with limited liability from civil suit), the choice of action went beyond what was considered reasonable. To the trial court, the use of a foot for corporal punishment was unreasonable no matter how much force was involved.

The Court of Appeals disagreed, however, and reversed the judgment, pointing to the lack of evidence of any serious injury. Bryan was examined by the school principal and a doctor that same day and there was no visible evidence of injury, nor did any abnormality appear on an x-ray. In addition, evidence had been presented at trial that Bryan was a normal, healthy child who did have a tendency to act up at school. The Court of Appeals found that although there were few situations where a kick, no matter how light, would be reasonable, this was one and that the teacher merely acted to get Bryan’s attention, not inflict pain.