Louisiana Personal Injury Lawyer Blog
Each year, thousands of people suffer from slip and fall accidents. From a legal perspective, it can be difficult to determine who, if anyone, is at fault. For example, in some slip and fall cases, a property owner can be held liable for the other party’s injuries. Property owners owe a duty of care to persons who use their premises. Owners are expected to keep the grounds in a reasonably safe condition.
The following case provides a good illustration of some of the issues that can arise when litigating a slip and fall accident. Reba Campbell suffered injuries after she slipped and fell on a mildewed area of sidewalk adjacent to the Evangeline Parish Medicaid Office. Mrs. Campbell and her husband (Plaintiffs) filed suit against the Evangeline Parish Police Jury, as owners of the Medicaid Office building, and the State of Louisiana, Department of Health and Hospitals, as lessee of the building. The State interjected a cross-claim against the Police Jury that called into question their liability as leaseholders. The State believed that the Police Jury should be held liable because it owned the property on which the hospital was located. The Police Jury countered that the State had the responsibility for maintaining the sidewalks in front of the building.
Plaintiffs sought a declaratory judgment from the Trial Court and the Trial Court held that the State was liable because it failed to put the Police Jury on notice of the problems with the sidewalk. The Trial Court granted the Police Jury’s oral motion for judgment and dismissed the Police Jury from the lawsuit.
It is common for Louisiana residents who are injured due to another person’s negligence to seek financial compensation through a personal injury lawsuit. Typically, these types of lawsuits will pursue compensation to cover medical expenses that are incurred by the victim for the treatment of the injury they suffered, among other damages. That is exactly the approach that Destiny Guidry decided to take after she claimed that she was injured in an incident at a grocery store in Lake Charles back in 2011.
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.
Court litigation involves the filing of multiple court submissions, and of course, deadlines. Procedural rules dictate deadlines for when certain motions need to be brought. Effective attorneys stay informed of these deadlines. Untimely filings generally result in a denial of legal relief by a court. Courts must be able to timely dispose of disputes in order to prevent a backlog of cases clogging up the court system. The following decision of the Louisiana Third Circuit Court of Appeal demonstrates the importance of deadlines in litigating claims.
Have you ever suffered personal injury from an accident while traveling to or from work? Generally, pursuant to the Louisiana Workers’ Compensation Act employers are not responsible for injuries sustained by employees while traveling to or from work because these injuries are not considered to have occurred within the course of employment. This is known as the “going-and-coming” rule, under which the employment relationship is considered suspended from the time the employee leaves his or her workplace. However, there are certain exceptions to this rule that allow a claimant to recover even though the injury was sustained while traveling to or from work. The following case illustrates one such exception: if the accident occurred on the employer’s premises, the employee may be covered under workers’ compensation laws.
When an individual employs tactics to instill humiliation, fear, and emotional distress in another person, they should be held accountable for the damages they cause. Fortunately, Louisiana legislators agree and have provided for exactly that under its civil code. See 
When an employee is injured on the job they often have extensive medical bills and less money to pay those bills because they may not be able to work. While workman’s compensation, insurance, and disability benefits are available to cover those costs, there is another form of compensation available to those who are injured as a result of negligence or other bad acts. The injured party can file a lawsuit against those responsible. Of course, there are often questions surrounding who is in fact legally responsible, e.g., for maintenance of a job site, and it takes an experienced lawyer to navigate such complicated legal questions.
People get car insurance to protect themselves in the event of a car accident. It is thus important that one takes care to research and consider what insurance plan is best for one’s needs. Liability insurance is designed to protect a person who owns or drives a vehicle from the costs of a lawsuit that might happen if that vehicle is in an accident. Insurance contracts define the scope of what sort of vehicles or potential plaintiffs will be considered covered under the policy. Generally, courts prefer to preserve the “
Lawsuits can be quite complicated, even for seasoned attorneys. However, when one is representing himself, the complications can be even more complex. Especially, when the law does not support your claim. The following case demonstrates the need for an experienced attorney when it comes to constitutional rights violation allegations and litigation.
Ponzi schemes ultimately come to an end and unfortunately cause a lot of pain, suffering, and litigation. The Stanford Ponzi scheme is no exception. As demonstrated in the following case, the complex nature of such schemes demonstrates the need for excellent legal representation if you are the victim of an unscrupulous Ponzi schemer.