Louisiana Personal Injury Lawyer Blog
Many Americans do not know that it is actually possible to legally acquire another person’s land without possessing fair title or good faith. Of course, specific guidelines must be followed, but with some will, knowledge, and close attention to detail, this process known as “adverse possession” can be surprisingly simple to accomplish.
In Louisiana, adverse possession occurs when an individual exercises actual, adverse, physical possession over the property of another. See Crowell Land & Mineral Corp. v. Funderburk, 692 So.2d 535, 537 (La. App. 3 Cir. 1997). Furthermore the possession must be continuous, uninterrupted, peaceable, public, indisputable, and within discernible bounds. See La. Civ. Code art. 3476. While this may sound like a rather simple task, the kicker is that Louisiana law demands that all those requirements be met for a period of 30 years, making the whole process a bit more of a gamble, considering the time commitment and outside forces beyond one’s control. Additionally, once the requirements are met and the case is presented in court, the adverse possessor bears the burden of proving that all requirements were met. Accordingly, while acquiring land in such a way can be quite lucrative, it can also end up being a big waste of time if you are not able to meet all the requirements continuously for the entire 30-year period.
In 1969, Erne Plessala, Sr., used levees to construct a crawfish pond on Wayne Trahan’s and Larry Verret’s shared land in Iberia Parish. Sometime later, Mr. Plessala moved soil from a spoil bank of the canal bordering the pond so that he could build a campsite and then built a bridge over the canal to the campsite.
Imagine what it’s like to be a dedicated employee. You love your job, you’re never absent from work due, and you never have any problems with your employer. Until one day, you are having an unexplained health problem. Turns out you have been exposed to a toxic substance and you believe your employer intentionally harmed you, causing significant injury. It may be necessary to get more information to determine if an employer committed an intentional tort. 
No one likes to deal with insurance matters. Shopping for insurance and understanding the terms of an insurance policy can be complex. Most people are happy to just pay their monthly premiums and know that they have insurance when they need it – and then hope they never need it at all. One woman learned how complex insurance matters can be when she was injured in July of 2012 when the Pontiac Sunfire that she was driving was involved in an auto accident in Ouachita Parish.
While participating in physical therapy sessions, most people would probably expect to be monitored by a therapist for the length of the session to ensure that things run smoothly. Unfortunately for one woman, Mrs. Laura Joinder, her physical therapist had other plans. As a result, Mrs. Joinder sued the defendant in Ouachita Parish for injuries she suffered while in their care.
If your contractor tells you a job will take a day, you might expect it to actually take a week. But, do you have to pay your contractor for time they are unable to work? Depending on the contract agreement you signed you may be liable for the costs the contractor has even when work is not going according to plan. This may be particularly true if you fail to uphold some part of the bargain. Whenever you enter a contract or feel that a contract may have been breached, it is important that you fully understand your contract. A case out of Baton Rouge in 2001 gives some insight into the necessary proof when trying to recover for contract losses. 
If you are injured in an accident, it is important to be prepared before you testify at your deposition. Otherwise, you may find yourself making statements that opposing counsel can use against you. This is the painful lesson Dwan Jones learned in 2015, when a Louisiana Court of Appeals affirmed a trial court’s dismissal of her case before it even went to trial. Dwan was injured in an automobile accident while riding in the passenger seat of an ambulance that was transporting a patient to the hospital. Based on Jones’ own testimony during a deposition, the Court of Appeals affirmed that Jones had made statements that negated the presence of any genuine dispute of material fact. Had Jones’ answered the questions differently her case may have at least gone to trial, which would have allowed a jury to determine whether her injuries were caused by the ambulance driver’s actions.
If you fail to make payments on a mortgage you may lose your home, but you may also be held liable for any remaining debt after your home has been sold. If the sale of your house does not pay off the balance of what you owe, the institution owning the mortgage may come after you for a deficiency judgment. A deficiency is essentially the balance remaining on the loan after the sale of the property. For example, if a homeowner with a $100,000 mortgage defaults and the bank sells their home for $75,000, there would be a $25,000 deficiency. The owner of the debt may be able to come after a person for the deficiency.
Court procedures can be confusing for many people. Cases can be even more confusing when they involve medical malpractice claims. One Louisiana case arising from injuries suffered by the plaintiff from treatment he received in March and April of 2009 reached the summary judgment stage. The complaint was originally filed with the Commissioner of Administration in accordance with the Louisiana Medical Malpractice Act. 
Once a court rules on a motion or a jury verdict is delivered, the losing party faces an uphill battle in getting a reversal.