Louisiana Personal Injury Lawyer Blog
When it comes to road safety, you can only rely on yourself. Know the rules of the road and always take precautions. In a recent case, a car accident dispute was brought to court to determine the liability of the parties. The case explains the responsibilities of motorists in Louisiana and why you should only rely on yourself for proper road safety and not assume that everyone else will take adequate precautions. The plaintiffs in a recent case learned this lesson the hard way.
On January 23, 2013, Plaintiffs Joseph Solomon and Betty were stopped at a stop sign at the intersection of North 8th Street and Louisville Avenue as they traveled southbound on North 8th Street. Sarah Tugwell was heading westbound on Louisville Avenue, a four-lane east-west thoroughfare. North 8th Street was traffic controlled through a stop sign. However, Louisville Avenue had no traffic control, no lights and no stop sign. This means drivers on Louisville Avenue have right of the way to travel, and those on North 8th Street must yield accordingly. So, Tugwell had right of the way, and Solomon and Blount had the stop sign.
According to the Plaintiffs, there was an unrelated accident on Louisville that slowed down traffic, and to Plaintiffs’ credit, an officer reported having his lights on further down Louisville to indicate officers were present handling an accident. As a result of the accident, traffic was backed up, and Plaintiffs could not see the inside westbound lane while they were stopped at the stop sign. However, an unknown driver signaled for Plaintiffs to go. Relying on the kind and common gesture, Blount drove into the intersection. Thereafter, the Plaintiffs said Tugwell pulled out from the outside lane towards the inside lane, driving into the intersection. A collision ensued. However, Tugwell had some slightly different details.
Professionals in various fields whose work greatly impacts the lives of others may find themselves accused of malpractice. Especially in medicine where a seemingly simple mistake can end one’s life, the lawsuits that stem from malpractice can bring large awards to plaintiffs. This is where malpractice insurance comes in, to make sure these amounts are paid without completely destroying the livelihood of that professional. The Fifth Circuit Court of Appeal discussed malpractice insurance issues in a recent ruling.
When a products-related injury occurs, multiple parties may be at fault. In litigating personal injury claims, among the most important legal questions, are whom may the plaintiff recover from, if anyone, and under what theory of liability. The following case provides a good discussion of some typical theories of liability involved in products-related injury cases.
If your contractor tells you a job will take a day, you might expect it to actually take a week. But, do you have to pay your contractor for time they are unable to work? Depending on the contract agreement you signed you may be liable for the costs the contractor has even when work is not going according to plan. This may be particularly true if you fail to uphold some part of the bargain. Whenever you enter a contract or feel that a contract may have been breached, it is important that you fully understand your contract. A case out of Baton Rouge in 2001 gives some insight into the necessary proof when trying to recover for contract losses. 
Employment discrimination can be damaging for both parties involved. It generally involves employee mistreatment, or a perception of such, that causes harm to the plaintiff. The employee must show that the employer treated him or her differently because of a federally protected reason, such as age, race, religion, or disability. Conversely, if the “at will” employee cannot prove he or she was fired for one of these reasons, there is no cause of action. Employment discrimination can be pursued in state court or federal court. However, when one court dismisses the action, a plaintiff cannot bring the same claim to another court. This idea is known as res judicata or claim preclusion, meaning “a matter already judged.” Having a good lawyer who knows the local and federal rules of civil procedure could save a plaintiff the time and money that comes with having their claims barred.
When an employee is injured on the job, he or she may be entitled to workers’ compensation benefits. However, if an employer can show that the employee intentionally lied to receive extra reimbursement for a workers’ compensation claim, the employer will not have to pay any benefits that it would otherwise owe to that employee. A recent case out of Hammond, Louisiana, discusses the standard used in determining whether an employee intentionally committed fraud when filing for mileage reimbursements.
In certain kinds of car accidents there is a rebuttable presumption of negligence afforded to a party involved. In a collision that happened in Lafayette Parish, The Louisiana Third Circuit Court of Appeals decided that the presumption of negligence remained intact and the other involved parties could not be assigned fault.
Courts are not perfect, and sometimes they do not always render the correct decision. When a court makes an error in their judgment it can be very frustrating for all of the parties involved. Error can be very costly especially when a major issue, like finding coverage for a victim of an automobile accident under an umbrella insurance policy, needs to be determined. Both the plaintiff and defendant wants the court to look in their favor, but it is also the responsibility of the court to make an error free and accurate decision that is fair and just to both sides.