Louisiana Personal Injury Lawyer Blog
Why do we buy insurance? Most people expect that when they buy insurance, they will receive financial reimbursement for losses caused by accidents or many of life’s unexpected circumstances. It can certainly be a surprise when they expect insurance and then the insurance company refuses to provide it. What are their options when this happens? Filing a lawsuit is one, but won’t always guarantee a day in court, as a 2017 case from the Court of Appeal for the Third Circuit illustrates.
Advanced Radiographics Inc., (“ARI”) is a company that stores health records for medical providers in Louisiana. Its corporate office and one of its warehouses are located in Duson, Louisiana, but the company also has eight other locations. For insurance, ARI purchased general liability coverage which covered all ten of ARI’s locations, and property insurance which only covered ARI’s corporate office. Colony Insurance Company (“Colony”) provided the property insurance which was purchased through insurance broker Kellie Stein (“Stein”) of Brown and Brown of Baton Rouge, LLC (“Brown”).
Unfortunately for ARI, in 2014, a car crashed into the Duson warehouse and caused a fire to break out. ARI filed an insurance claim to Colony, but Colony denied it. For refusing to file, ARI sued Colony, Stein, and Brown in the Fifteenth Judicial District Court for Lafayette Parish. Stein and Brown filed a peremptory exception of no cause of action and in 2016, the District Court granted the exception. ARI then appealed, claiming that the exception of no cause of action should not have been granted.
No one wants to be held liable for the injuries of another. Wet floor signs, warning tags, and regular inspections are all ways we provide notice to others of hazardous conditions. Sometimes, though, when a hazard is unexpected or has never presented itself as a potential risk of harm, liability is inevitable. The question then becomes, what is the cost?
Freedom of speech is one of America’s most celebrated rights. However, it does not mean that courts tolerate all types of speech. After all, we have all heard that the freedom of speech does not allow an individual to falsely yell fire in a crowded theater. Despite there being restrictions, courts take the freedom of speech extremely seriously and will not allow it to be encroached simply because someone felt offended by a certain use of free speech. 
You lose your case. However, your lawyer tells you not to despair. She tells you that you can appeal the trial court’s judgment at the appellate court. However, it is not always that simple. Appellate courts, like trial courts, do not just accept every single case that comes their way. They must first have jurisdiction over a case, which simply means that they must meet certain requirements to hear the case. Without jurisdiction, an appellate court will be unable to take your case even if your claim may be legitimate. 
Trials can be extremely expensive. One of the most expensive parts of a trial can be the costs associated with taking depositions. Therefore, it is in a party’s best interest to recuperate those costs in the aftermath of a successful outcome. In fact, it is the general rule that included in the damages of a successful party are the costs associated with depositions. However, a trial court may sometimes erroneously or negligently include such costs in a party’s damages. 
It is commonly thought that when an injury occurs, a harmed individual can recover monetary damages for the injuries he or she sustained. However, if a risk is seen as “open and obvious,” there is a duty on individuals to exercise ordinary care. In some cases, individuals who fail to do this are prevented from recovery even if they are injured.
When a lawsuit is filed for an injury, most people assume that the claim will be sorted out in court in a timely manner. Sometimes, however, a case can get significantly delayed by years, even before a trial has occurred. In these instances, it is also possible that the case becomes “abandoned” if neither side takes any action towards furthering the course of the lawsuit. For one West Feliciana woman, the defense tried to do just that and claimed case abandonment.
Slip and Fall lawsuits commonly arise in the grocery store or restaurant setting. And in such cases, Louisiana’s statute on merchant liability apprises merchants of how they could be found liable for any resulting injuries. What happens however when a person falls and injures themselves in a commercial but non-merchant location? Are these lawsuits analyzed under general negligence law? A recent case involving a hospital in Lake Charles provided an entirely separate standard. 
Businesses face many liability risks or risks of being sued. These include injuries to their employees on the job. Workers’ compensation is designed to address such injuries. In Louisiana, businesses in specific industries may agree to pool together with one another in order to “self-insure” these claims. This means that the businesses pay the claims from a specific fund rather than handle them through outside insurance companies. The concept of indemnity is important in these sorts of arrangements. Indemnity involves the paying back of money or the defense in court of one party by the other. Of course, money is not unlimited, and organizations providing may exclude certain coverage in particular situations. The business affected may not agree with this. The Fourth Circuit Court of Appeal recently considered such a dispute. 
Learning of an illness is always terrifying. But what happens when it affects your everyday life and your ability to work? Hopefully, for most, the illness passes quickly. However, for people with chronic health issues, extended absences from work may cause issues at work, despite statutory protections. Experienced attorneys can help you navigate labor and employment law, but knowing your rights is the first step. The Fourth Circuit Court of Appeals ruled in favor of a New Orleans city employee in one such case of chronic illness.