by

Sometimes, accidents on bodies of water, such as the Mississippi River, are governed by a unique set of federal laws, instead of state laws. This is known as admiralty jurisdiction. This special type of jurisdiction is important for many residents of Louisiana, especially those in coastal cities like New Orleans, because of the number of water-based industries that thrive including recreation, fishing, shipping and other port or dock-based maritime activities.

In order for an accident to fall under admiralty tort jurisdiction, the “locality plus nexus” test must be satisfied. The test has two requirements: The accident (1) “must occur on or over navigable waters” (i.e., locality) and (2) “must ‘bear a significant relationship to the traditional maritime activity’” (i.e. nexus). These requirements are put in place to strictly define applicable events as those in the operation of the boat and not the variety of other water-based accidents or situations that can arise that the law is not trying to incorporate.

Locality

Continue reading

by

A February 1996 car accident led the First Circuit Court of Appeals of Louisiana to find that testimony indentifying an ample history of car accidents near a sharp curve in Addis, Louisiana, established that the curve had presented a problem for a significant period of time. The Court found that the testimony was sufficient to support a finding of constructive notice of a problem with the roadway to the Louisiana Department of Transportation and Development (DOTD). Constructive notice, one of the requirements necessary to find an entity responsible for a faulty element, is highly essential when trying to prove responsibility after an accident or incident involving injury.

Around 7:45 p.m. on the evening of the accident, Jerry Goza was traveling westbound on Louisiana Highway 989-1. While traveling, he came upon a sharp curve at the point where Highway 989-1 intersects with Highway 989-2. Goza’s vehicle ran off the roadway into a cane field, eventually running into a ditch, striking a culvert, and flipping over. Goza sustained serious injuries requiring surgery and rehabilitative treatment.

Goza filed a suit for damages against the DOTD alleging that the design, construction, and signage of Highway 989-1 were defective. Following a four-day jury trial, a verdict was rendered in favor of Goza, and the DOTD was allocated twenty five percent fault. The DOTD filed a motion for a judgment notwithstanding the verdict (JNOV). The trial court granted the motion in part, amending the jury’s award of damages, but maintaining the awards and fault allocations rendered by the jury. The DOTD appealed both the original jury verdict and the JNOV.

Continue reading

by

If you or someone you know has been injured on the job, there’s a good chance that

workers compensation was a topic of conversation. By law, employees injured during and in the course of their employment are entitled to monetary benefits. However, the right to collect worker’s compensation does not stretch indefinitely. Most jurisdictions place a “statute of limitations” of a “prescription period” on personal injury claims, limiting the amount of time an injured party has to file a compensation claim. As soon as the injury occures, the statutory “clock” starts ticking. When that clock reaches the statute of limitation period, any workers compensation claim is effectively barred. This is a serious issue for many workers injured on the job and is important to know to report an injury as soon as possible.

In 2002, City of Brusly’s Chief of Police was injured during the course of employment. His claim for compensation, however, was not filed until December 2004, nearly two and half years after his injury. The question at issue in this case was whether prescription, that is, the filing of his claim after Louisiana’s one-year limitation placed on personal injury claims, prevented the Chief from filing his action for worker’s compensation benefits.

Continue reading

by

Many people believe that the term “medical malpractice” means a doctor can be sued any time a doctor harms or makes a mistake while treating a patient. Like most states, Louisiana’s Medical Malpractice Act protects doctors from frivolous, or meritless litigation, meaning incidental harm or minor mistakes made by a doctor will probably not result in a malpractice violation. The person bringing a malpractice claim against a doctor must prove certain elements exist, most commonly that: (1) the patient suffered a significant injury; (2) the doctor or hospital staff did not meet the standard of care typical of medical professionals; and (3) the medical mistake or lack of care was the direct cause of the patient’s injury.

To help you understand, please consider the following examples:

(A) A patient comes into a doctor’s office complaining of chest pains and indigestion. The doctor fails to make a diagnosis or provide treatment and sends the patient home. The patient suffers a heart attack the next day.

Continue reading

by

The majority of asbestos cases in Louisiana involve corporate defendants: domestic and foreign corporations responsible for the individual’s exposure to the dangerous chemicals. Claims against corporations are subject to the procedural rules of venue. The venue is determined to be the place in which the injured party may bring their case. This is a very important concept in civil procedure that can have a tremendous impact on a case. Under the general rules of venue:

An action against a domestic corporation (Louisiana corporation) shall be brought in the parish where its registered office is located. Also, an action against a foreign corporation licensed to do business in the state shall be brought in the parish where its designated primary business office is located. An action against a foreign corporation not licensed to do business in Louisiana and without an agent for service shall be brought in the parish of plaintiff’s domicile.”

With multiple defendant corporations, it may be in the injured party’s benefit to show that the defendants are solidary obligors. Solidary Obligors is a term used in Louisiana for parties that share responsibility for a person’s injuries. Proving this relationship makes it easier on the injured party to file claims in the proper court (venue) because they need only show that venue is proper as to one of the defendants. This relieves some of the pressure of ensuring jurisdiction over each defendant corporation to their claim. Many cases can become very complex in arguments over appropriate venue and this doctrine can allow a claimant in Louisiana to litigate in a convenient venue where at least one of the defendants fall in Louisiana.

Continue reading

by

Louisiana law requires motorists to carry liability insurance on any automobile they own. This coverage pays for property damages or personal injury for which you may be legally responsible. Unfortunately, not everyone on the road has insurance. However, insurance companies have built in protection for drivers that are injured by an uninsured/underinsured motorist.

In 1999, Carol Tedeton was injured during her employment with an automobile service station. She was hit by a minor without adequate car insurance. To recover for her injuries, Carol argued that she was covered under the garage’s uninsured/underinsured motorist (“UM”) policy.

Under La. R.S. 22:1406(d), any person who enjoys the status of insured under a Louisiana motor vehicle liability policy which includes uninsured/underinsured motorist coverage enjoys coverage protection simply by reason of having sustained injury by an uninsured/underinsured motorist.

Continue reading

by

A five year old and seven year old were injured in pit bull attacks in New Orleans March 30 and 31. Shockingly, these attacks both occurred within only 18 hours! First, a five year old girl was mauled in the Gentilly area. A mere eighteen hours later a seven year old was attacked in Algiers and suffered an injury to her ankle.

In Gentilly, the girl was playing basketball with other kids around 6:40 p.m. near the 55000 block of Warrington Drive. Three dogs charged the children. An intact pit bull (not spayed or neutered) chased the girl into a yard and cornered her, biting her on the head, ears, shoulder, and chest. A neighbor called police who arrived on the scene while the child was still under attack. The officers were able to lure the dog away before shooting and killing the animal. The Society for the Prevention of Cruelty to Animals (SPCA) cited the dog owner for owning a vicious animal and having a roaming dog. The municipal violations could later be upgraded to criminal charges. An investigation has shown that someone may have let the dogs out of the owner’s possession. The owner was unaware his dog was involved in an attack.

The second incident involved a seven year old girl who was walking between two homes in her Algiers neighborhood when she was attacked by a brown pit bull. The girl was shaken up and unable to tell authorities what happened. Witnesses saw other dogs fighting with the pit bull shortly after the attack. The owner of the brown pit bull was cited for owning a vicious dog, allowing it to roam at large, and having no proof of a rabies vaccination. The dog will be held for ten days while a rabies test is completed before a judge decides its fate.

Continue reading

by

On television, legal cases are almost always decided by a dramatically discovered fact or through emotional testimony. In reality, many cases are decided by court rules or procedural technicalities. This might be true even if the substantive legal arguments would produce a different result. Such a scenario is demonstrated by the case of Pickett v. International Paper Company, a workplace asbestos exposure case involving both Webster and Morehouse Parishes.

Two procedural rules were at issue in the Pickett case. One of these was venue. In legal terminology, venue refers to the location of the proper legal location in which a case should be filed – in other words, the court in the proper parish. Under Louisiana’s rules of civil procedure, proper venue is typically determined by where an alleged defendant lives, is located, or conducts business (LSA-C.C.P. art. 41). That rule embodies an aspect of fairness to the party who must defend itself against a claim of wrongdoing. If there are jointly responsible defendants, the venue rule need only be satisfied as to one of them. If a defendant is a business or corporation that does not have an actual place of business in the state, a plaintiff may file suit in the parish where the plaintiff lives (LSA-C.C.P art. 42).

The second rule that helped determine the outcome of the Pickett case was presciption. Under Louisiana law, an injured party has one year from the date the injury was sustained to file a lawsuit. That one-year limit is often called the prescriptive period. If not filed within one year, that particular claim is barred by the passage of time. In certain cases, the prescriptive period may be essentially paused. However, in most cases the one-year limit applies.

Continue reading

by

Folsom Police responded to calls recently reporting an erratic driver on Highway 25. Unfortunately they were not able to get to the scene before the dangerous driving led to an accident. The driver at fault, Lesley Myers of Angie, was reportedly traveling south through Folsom at high speeds when his 1993 Pontiac Bonneville crashed into a horse trailer near the intersection of HIghway 25 and Broadway Street and then struck a northbound truck.

According to an article in the St. Tammany news, this was no ordinary traffic accident. In fact,

When the call came in, it was reported that Myers was in possession of a gun and that he was holding the firearm as he stood in the center of La. 25.

Continue reading

by

For those struggling to visualize the Deepwater Horizon explosion and oil leak being faced by Louisiana and other Gulf Coast residents, the Times-Picayune has released a helpful graphic depiction of the various elements involved in the matter.

Using information from the US Coast Guard, NOAA, BP and Transocean, Dan Swenson provides the following

We would encourage our readers to check out the full article accompanying the graphic as it outlines with great detail the situation in New Orleans, Venice and other areas in the Gulf Coast that are waiting anxiously to understand what fate will befall them in the face of this environmental disaster.

Continue reading
Contact Information
1140 St Charles Ave
New Orleans, LA 70130
Phone: (504) 521-6000
Fax: (504) 617-6300

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2025, Berniard Law Firm
JUSTIA Law Firm Blog Design