Louisiana Personal Injury Lawyer Blog
Injuries arise in many unexpected ways and locations, even from a trip to the local grocery store. Sometimes this occurs due to a patron’s own clumsiness. Regardless, a grocery store may still be responsible for injuries if the store was negligent, or did not take reasonable actions to fix a known danger. For one Gretna woman, however, the Louisiana Fifth Circuit Court of Appeal affirmed a ruling by the 24th Judicial District Court Parish of Jefferson holding that the grocery store had no responsibility for her injuries.
Around 5:00 P.M. one evening in May, Tami Luft headed to the local Winn-Dixie on Belle Chasse Highway and Wall Boulevard to purchase chips and bread. After she picked up her chips, Ms. Luft made her way to the bread section when she suddenly tripped on a piece of plastic that supported a bottom shelf in the chip aisle. The store manager, Mr. Lollis, helped Ms. Luft up, she finished her shopping, and then she went home. Nearly a year later in April, Ms. Luft filed a lawsuit against Winn-Dixie, claiming negligence for creating the hazardous condition that caused her injuries. The district court ruled in favor of Winn-Dixie, so Ms. Luft appealed to the Court of Appeal which affirmed the ruling.
To sue for negligence resulting from injury on a merchant’s property, Ms. Luft had to prove three elements under Louisiana law. La. R.S.9:2800.6(B). First, there had to be “an unreasonable risk of harm” that was also “reasonably foreseeable.” Second, Winn-Dixie had to either have created or “had actual or constructive notice of the condition which caused the damage” before the accident occurred. Third, Winn-Dixie had to fail in exercising “reasonable care.” Here, Ms. Luft had the burden of proof, meaning that to win her case she needed to prove each element. For Winn-Dixie to win the case, it only needed to refute one element. The element Winn-Dixie focused on was the second, claiming that the store neither created nor had actual or constructive notice of the danger posed to Ms. Luft by the plastic support.
When an employee is injured on the job, workers’ compensation insurance often delivers more expediently than going through the courts. Unfortunately for the employee, it is also often less money than an injured employee could be awarded by suing the employer. As a Baton Rouge man recently learned, your type of employer can determine whether or not you’re able to sue your employer for work-related injuries. 
In order to successfully handle a lawsuit addressing the duty a business has to its patrons, an injured party should know that under Louisiana’s duty-risk analysis the main questions are: (1) whether a duty was owed; (2) whether that duty was breached; and (3) whether the breach caused the patron’s harm. Additionally, for a lawsuit in which the premises of the building are alleged to be dangerous, the plaintiff must prove that the building defect in question was “unreasonably dangerous.”
The “burden of proof” may be a familiar concept to everyone, even those inexperienced with the courts. The idea is that the party in a lawsuit holding the “burden of proof” is tasked with providing evidence that reaches the level of proof required to meet the burden. In car accidents, where amount of fault decides how damages may be determined, this burden is especially important. The evidence in some car accidents makes the division extremely obvious, both as to fault and to extent of damage. Other cases, however, especially when the accident is relatively minor, may not be so clear cut. In an unpublished opinion, the Louisiana Third Circuit Court of Appeal considered such a case where the burden of proof was the main issue. 
Buying a house and later discovering that the house has foundational defects is a nightmare every homeowner seeks to avoid. Even more unpleasant is to find out that you do not have any recourse against the seller. The nature of such recourse would partially depend on when the defects were discovered, but also whether the seller is a builder, contractor, or manufacturer, because such a status might extend the timeframe of bringing in an action against the seller.
In Louisiana, if someone does work to your home and you find the work to have been completed unsatisfactorily, you have a one-year prescription period to bring the issue to court. However, what does one do if problems from this work do not appear right away? Considering the statute that allows a one-year prescription period at the first notice of damage, what exactly is noticing damage? Is it formally reporting the issue or simply remarking on an observation? The Louisiana Fifth Circuit Court of Appeals recently decided a case on appeal from Jefferson Parish that answered such questions.
Arbitration is a matter of contract. Parties to an arbitration agreement contract on matters they agree to submit to arbitration. That agreement defines the extent to which the parties are subject to the authority of arbitrator, and such authority corresponds to the boundaries set in the agreement. This case is an example of an attempt to enlarge those boundaries and of the consequences of such attempt.
When driving at night, it is always important to make sure your vehicle lights are working, not just so you can see, but also so others can see you. Not only can this simple task avoid an accident, but failure to do so can get you in trouble with the law.
What would it take for an appellate court to overturn an award of damages? According to the Louisiana 3rd Circuit Court of Appeal, the bar is set high and very rarely does an award for damages get overturned as long as it’s reasonable. Lafayette Motors employed Mr. Menard as a service advisor. In August 2003, Dr. Stroy came to Lafayette Motors to obtain a copy of the repair estimate for his wife’s car. While Menard made a copy of the estimate, the shop manager instructed Menard not to give the estimate to Dr. Stroy. Menard crumpled up the estimate to place it in the trash; however his right wrist was grabbed and twisted by Dr. Stroy. Dr. Story proceeded to take the estimate and leave the premises with it. Menard had injuries to his wrist and arm and was later diagnosed with tendinitis by an orthopedic surgeon. Almost ten years later, Menard testified he still had pain in his wrist.