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Articles Posted in Negligence Claims

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Dealing with Flood Damaged Property? Be Prepared to Show Causation

The story of an underdog seeking justice against a powerful corporation is a familiar legal narrative. And while we may be inclined to root for the little guy, that does not relieve him from proving he has a valid case. In Louisiana, a plaintiff will not see his case go…

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Understanding Open and Obvious Defects: Implications for Personal Injury Claims

When it comes to personal injury claims resulting from slips, trips, or falls, the concept of open and obvious defects plays a significant role. Failing to act reasonably or being harmed by an apparent defect may hinder your ability to recover compensation for your injuries. This case exemplifies the importance…

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Supermarket Not Liable For Slip-and-Fall Because Of Lack Of Constructive Notice

When you make a quick run to the store, the last thing you expect is to be injured while shopping. If you slip and fall at a store, you might expect the store to be responsible for any injuries you might have suffered. However, Louisiana law requires that a store…

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No Legal Malpractice Where Underlying Medical Malpractice Claim Was Meritless

When considering a legal malpractice claim, it is crucial to understand that proving your attorneys’ negligence alone is insufficient. To establish the merit of such a claim, you must demonstrate an underlying loss resulting from their negligence. This requires presenting compelling evidence that your original claim would have been successful…

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A Slippery Case: How a Lease Agreement Swayed a Personal Injury Lawsuit Against a Medical Facility

Imagine attending a routine medical appointment at your local doctor’s office. You enter the premises expecting a standard check-up, but unexpectedly, you trip over a defective threshold and fall onto a hard terrazzo floor. This unsettling scenario is precisely what Lois J. Tate encountered in their accident, sparking a personal…

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Pre-Trial Notice Did Not Waive Party’s Right to Jury Trial

If you are involved with a lawsuit, you probably imagine your day in court involving a jury listening to the evidence and rendering a decision. After all, the US Constitution protects our right to a trial by jury. But what happens if the court issues a notice scheduling your trial…

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Legal Boundaries and the Scope of Employment: Vicarious Liability Challenges in Car Wreck Cases

  In the aftermath of a vehicle collision, the impact reverberates beyond the immediate parties involved, leaving a trail of injuries and legal complexities. Such was the case for Cody Johnson, a passenger on an RTA bus when it collided with another vehicle. Seeking full compensation for her damages, she…

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Hurricane Katrina Victim Finds Favor in the Louisiana Courts

Hurricanes do not discriminate. Regardless of age, wealth, gender, health, or race, hurricanes are merciless to all they come in contact with. Such was the case for Ms. Taylor, who experienced the wrath of Hurricane Katrina in 2005.  Ms. Taylor had been in the care of Touro Infirmary when Hurricane…

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Can a Witness to an Accident Seek Damages in Court?

Have you ever witnessed an accident? The experience can be overwhelming, leaving lasting, often overlooked emotional scars. Such consequences raise an essential question; can a witness to an accident seek damages in court? The subsequent lawsuit helps answer that question. The journey of the litigants through the intricate legal landscape…

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Procedural Pitfalls: The Consequences of Neglecting Administrative Remedies in Personal Injury Claims

A personal injury claim requires following specific rules and procedures to ensure a fair and just resolution. For Joseph Barlow, who slipped and fell while detained at the Lafayette Correctional Facility, his failure to adhere to the correction center’s administrative remedies became critical. This article examines the consequences Barlow faced…

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