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Articles Posted in Negligence Claims

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Fax Filing A Lawsuit, Make Sure You Follow the Rules Precisely

After a workplace accident, an employee may be flustered, but it is essential that the employee promptly becomes knowledgeable about court requirements and deadlines. If a claim is not filed within an allocated timeline, the claimant may be barred from bringing the claim forward. The following case out of Jefferson…

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FMLA Retaliation and Title VII Hostile Work Environment Claims Fail on Lack of Evidence

Some consider the workplace as their second home. It is a place where one can thrive intellectually and network simultaneously. However, when a workplace becomes hostile or sexually charged, it can make an employee’s life unbearable. Therefore, to bring a successful claim against FMLA and a hostile workplace, a plaintiff…

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If You Approach a Barking Dog and It Bites You, is the Owner Liable for your Injuries?

While holding the owner responsible for a dog’s behavior is typically the norm, most reasonable people would know not to approach a barking dog in a gated residence. However, Demetrious Frazier found himself at odds with Luke Difulco after being bitten by one of his dogs while performing his work…

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Who is Liable for Injuries for a Slip and Fall on a Public Sidewalk?

Premises liability is an active area of personal injury law, and accidents occurring on public property are no exception. The question often arises, who is liable for a slip and fall on a public sidewalk? In this case, the Louisiana Third Circuit Court of Appeal was asked to determine the…

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Injured by Stocking Cart in Grocery Aisle, Whose Fault is it?

Everyone can picture a grocery store on a busy day. The aisles are congested, and workers are hurrying to replace products on the sales floor. There may be stocking carts blocking walkways. Who is responsible if a shopper trips over a worker’s cart and injures herself? What about if the…

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Louisiana Jury Awards No Damages Because of Preexisting Injuries, Can an Appeals Court Fix the Ruling?

Everyone wants to emerge victorious after their day in court, but occasionally the jury will refuse to award the judgment you deserve. When a person loses their case at trial, they can appeal it to a higher court.  The appeal process allows for a narrow reconsideration of a case to…

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Three-Year Rule Applies to Worker’s Compensation Claims for Necessary Treatment

Timing is an important part of claiming worker’s compensation in Louisiana. Louisiana R.S. 23:1209(C) requires that: The employee files an initial claim or makes other suitable arrangements within one year of the injury; and The employee makes any subsequent claims no more than three years after the last payment of…

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Can the Louisiana Department of Transportation Be Found Liable for a Car Accident?

Driving poses undeniable risks. However, travelers may need to consider how unsafe a barrier curb may be in certain situations. When is the state liable for these conditions? A case from the St. John Baptist parish considered how the state department of development and transportation was at fault for construction…

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Are You Required to Plead the Word “Conspiracy” in Louisiana For Solidary Liability?

In Louisiana, a conspiracy is a combination of two or more persons to do something unlawful, either as a means or as an ultimate end. Once a conspiracy has been established, an act done by one in the furtherance of the unlawful act is, by law, the act of all…

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Angola Prisoner Denied Requested Shoulder Surgery After Review of Medical Records

Rick Sheppard, an inmate in the custody of the Louisiana Department of Public Safety and Corrections, injured his left shoulder two separate times while participating in the Angola Prison Rodeo. After seeing two specialists, Sheppard maintained that the medication and physical therapy regimen he had been following was ineffective. When Sheppard…

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