Louisiana Personal Injury Lawyer Blog
In some legal situations, there will be conflicting laws and a question of which law correctly applies to the situation at hand. For that reason, Louisiana has developed a mechanism to determine what to do when there are conflicting laws. First, when determining what law to use, the court must look at each state’s relationship to the lawsuit, the people involved in the case, and the person whose status is at issue. La. C.C. art. 3519. Second, the court must consider the policies and needs of the interstate and international system, to ensure that justified expectations are upheld and the decision minimizes the consequences of subjecting parties to the laws of more than one state. La. C.C. 3515. Third, Louisiana law asks the courts to consider whether the application of a conflicting law would protect a child, minor, or others in need of protection. La. C.C. art. 3519.
In this case, Mississippi resident Kalyn Barber (“Kalyn”) was 18 years old when she was involved in an accident in Louisiana, resulting in Doy Cothern (“Cothern”) being injured. Cothern filed a lawsuit attempting to hold her parents vicariously liable for her actions, because, under Mississippi law, a “minor” includes any person under the age of 21. Mississippi Code Section 1-3-27. However, under Louisiana law, a father’s administration of his minor’s estate terminates at the time of majority, which is attained upon reaching the age of 18.
When considering the first factor listed above, the court must look at the nonexclusive list of factors laid out in Louisiana Civil Code article 3519 to determine which of the multiple laws should apply (i.e., Mississippi vs. Louisiana). The court found that the plaintiff, Cothern, lived in Louisiana, the accident occurred in LA, and all the injuries sustained occurred in LA. Therefore, the only connection to Mississippi in the dispute was that the defendant, Kalyn, was a resident of MS at the time of the accident, so the first factor favors the implementation of Louisiana law.
Every adult in America has dealt with insurance in some manner, whether it be life, car, house, rental, or health. Therefore, it is important to understand that the insurance policy you agree to constitutes the law between the you and the insurance company; it governs the whole relationship. As a result of the policy between the insured and insurer being drafted by the insurer, the insurer has the right to limit provisions, and impose restrictions or conditions, so long as these do not conflict with legal statutory provisions or public policy. Thus, strict compliance with the insurance policy terms and conditions is required for a change of beneficiary. 
In a civil case, you do not have the classic “speedy trial” right. Instead, courts will seek expediency by granting summary judgments when appropriate. The purpose of summary judgment is to avoid frivolous and unnecessary trials, or at a minimum, to simply reduce trial time by dispensing of some claims. A motion for summary judgment may be granted upon a finding that there is “no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law.” 
The equivalence of “dotting the i’s and crossing the t’s” in the law is making sure to comply with court procedural rules. One such basic civil court procedure rule is proper service. Proper service is critical in establishing that a court has legal jurisdiction over a defendant. The defendant has a right to know that they are being sued, and they have the right to be present at any hearing or to appear through an attorney. Without proper service, a court may dismiss a lawsuit. One can have a valid and strong claim for a lawsuit, but without proper compliance with court rules, the case may never even be heard. The importance of following procedure is highlighted in this Workers’ Compensation case heard in the Louisiana Fourth Circuit Court of Appeals.
Life can be upended in an instant. One person’s negligent act can change the trajectory of multiple people’s lives. How much monetary compensation should this negligent, life-altering person be required to pay? Often after a trial court determines a damage award, the award stays the same. But what about when this award does not really compensate for the injuries? Recently, the Louisiana Third Circuit Court of Appeal determined that an injured party was entitled to far more than the trial court awarded in a car accident lawsuit out of Iberia Parish. 
What happens if you are exposed to something dangerous at work? In the not too distant past, there would be no hope of restoration and only devastation. Today, with gratitude to some excellent lawyers and lawmakers, there are legal protections for people who are exposed to hazardous working conditions. Negligent companies can still be required to pay damages even for a 10-year-old oil spill. In several cases from a 2006 Lake Charles oil spill, the Louisiana Third Circuit Court of Appeal affirmed a damage award despite the award being significantly higher than other damage awards in similar cases. 
How often do you drive distracted? Text messaging, studying the GPS, or even checking Facebook; every person reading this has probably engaged in at least one of these distractions while driving. How often are you the one doing the distracting as a passenger? The car can become an excellent opportunity to air one’s grievances to a captive audience. But when would a fight in a car, text messaging, or something else rise to passenger liability in the event of a car accident? The Louisiana Third Circuit Court of Appeal recently grappled with this question choosing to limit impositions of passenger liability to almost everyone’s relief. 
There’s a general understanding between a buyer and a seller that the seller will provide the good in an acceptable condition for a buyer. If the product is faulty, then the general understanding is that the seller will take responsibility for making things right as soon as they can. This is even solidified by warranties. What happens, then, when a construction company sells a New Orleans resident a roof that leaks so much it leads to a man slipping and falling? Is the danger created by the leak so obvious that the construction company shouldn’t be held liable for the injury?
Construction is a necessary inconvenience. No one enjoys having their travel rerouted due to road construction, but nonetheless, drivers must follow construction signs to safely avoid the temporary hazards road work creates. What happens when a driver doesn’t see the construction signs and drives her car into a large hole in the street? Even if the path down the street isn’t clear, what’s clear to the Louisiana Fourth Circuit Court of Appeals is that a trial judge isn’t allowed to determine which party is telling the truth.
People generally expect to be safe from injury on the premises of a hotel or other such business. Thus, the owners and operators of these premises are required by law to do what is reasonably necessary to keep their guests safe. However, this obligation does not generally extend to incidents outside the property. For instance, a car accident that occurs on the road near the hotel is likely not the fault of the hotel itself. In 2017, the Second Circuit Court of Appeals considered such a situation.