The following case deals with a common scenario: a guest gets injured at a business and sues, alleging negligence. But the legal outcome hinges on a crucial factor – whether the business owner knew or should have known about the dangerous condition that caused the injury. Case Summary Melanie Mark…
Articles Posted in Negligence
When Accidents Happen: The Limits of a Homeowner’s Liability for a Child’s Injury
A tragic accident involving a young boy with autism has raised questions about the legal responsibility of homeowners when someone is injured on their property. The case of Justin Stollenwerck v. Robert Schweggman, Jr., et al. explores the boundaries of a homeowner’s duty of care, especially when the injured party…
Sewage Spill Showdown: Cedar Lodge’s Fight for Justice Against Fairway View Apartments
A picturesque pond, once teeming with life, transformed into a murky, foul-smelling mess. The culprit? Alleged sewage contamination from a neighboring apartment complex. This is the story of Cedar Lodge Plantation’s battle against Fairway View Apartments in Baton Rouge, Louisiana, a legal fight that highlights the complexities of environmental disputes…
Louisiana Court Upholds Medical Malpractice Review Requirement in Hospital Device Lawsuit
In a recent Louisiana Court of Appeal decision, the court reinforced the importance of the Louisiana Medical Malpractice Act (LMMA) in determining the course of lawsuits against healthcare providers. The case involved a patient who allegedly suffered injuries due to a medical device used after surgery. Gregory Arrington, following surgery…
Slipping in Stores: When Does the Store’s Responsibility Kick In?
We’ve all heard the phrase “slip and fall,” often in a comedic context. However, slip-and-fall accidents can result in severe injuries and legal battles. The recent Louisiana Court of Appeal case of Barton v. Walmart highlights the complexities of such cases and what it takes to prove a merchant’s liability.…
A Car Crash, a Faulty Repair, and a Battle Over Damages
Patricia Spann’s life took a dramatic turn when she lost control of her Chevrolet Cobalt, resulting in a severe accident that left her with multiple fractures and a lengthy hospital stay. She believed the cause of the accident was a faulty power steering system, recently replaced by Gerry Lane Chevrolet…
When a Slip and Fall Isn’t Just an Accident: Understanding Merchant Liability
We’ve all heard the phrase “slip and fall,” often in a comedic context. However, slip-and-fall accidents can result in severe injuries and legal battles. The recent case of Foto v. Rouse’s Enterprises, LLC, highlights the complexities of such cases and what it takes to prove a merchant’s liability. In 2013,…
Driver Not Liable for Passenger’s Injury in Accident Beyond His Control
Sometimes, being a passenger in a car can be a frustrating and disturbing experience. This is especially true when actions beyond the passenger’s control, such as being involved in a collision, put his or her life in danger. When such a situation arises, the injured passenger will, understandably, seek compensation…