Insurance Dispute Lawyer Blog
School field trips are supposed to be fun. However, after an unfortunate incident, Darius Baheth’s experience was less than idyllic. Can a parent recover when their child is injured on a school field trip? The following lawsuit, out of Lafayette, Louisiana, answers that question.
When Darius was thirteen years old, he was allegedly injured while attending a school field trip to a movie theater in Lafayette, Louisiana. Darius had an Individualized Education Plan (“IEP”) because he had autism. While the teachers and students were leaving the bus to go across the street to the movie theater, Darius started running around. Some teachers placed restraints on him to prevent him from hurting himself or others. He then received medication and was able to participate in the field trip.
His mother, Dorothy Baheth, filed a lawsuit against the Lafayette Parish School Board for the injuries Darius purportedly suffered on the field trip. She argued the injuries happened when the teachers placed restraining gear on Darius. She also claimed the teachers did not timely administer Darius’ medication.
In a society built upon the principles of justice and fairness, few experiences can be as devastating as being wrongfully accused of a crime, subsequently arrested, and imprisoned for a wrongdoing one did not commit. The ramifications of such a traumatic ordeal can be profound, leaving individuals grappling with profound emotional, psychological, and even physical consequences. In the face of such injustice, victims must be allowed to seek justice and hold accountable those responsible for their unwarranted suffering. 
When an item is repaired, it is reasonable to expect it to be safe and free of defects upon its return. However, when an injury occurs after a product’s repair, the injured party is entitled to seek damages. For example, Joe McPherson suffered a knee injury after the battery compartment of a tractor, which Ronald Dauzat repaired, fell apart. The question of negligence and responsibility arose, leading to a legal dispute and subsequent appeal.
Even if you have a unique job like a stunt performer, you can still get brought down to Earth by the complexities of determining what your insurance policies do and do not cover if you are involved in an insurance coverage dispute. In that case, it is important to understand the plain language of your insurance contract, how different provisions in the policy interact, and how courts interpret insurance policies. 
Navigating bureaucracy and red tape is a common experience when dealing with government agencies and trying to obtain workers’ compensation benefits. However, if you find yourself frustrated by what seems like an improper requirement, you might be able to challenge an administrative agency’s actions as exceeding its authority, as Calvin Arrant did here. 
Personal injury cases are notorious for their intricate nature, often posing challenges in determining fault and establishing liability. Complications escalate further when discrepancies arise regarding the facts surrounding the incident. When blame is uncertain, and parties refuse to accept responsibility, the legal landscape becomes increasingly convoluted. 
Filing a claim in court requires careful consideration of the appropriate time frame, as it can significantly impact the success of a lawsuit. This is particularly crucial when dealing with actions such as false arrest and false imprisonment, where prescription periods play a significant role. 
In some cases, mistakes in following procedure can harm a plaintiff’s cause of action even if the case otherwise may be successful on the merits. For example, legal malpractice cases in Louisiana must be filed within one year from when the plaintiff knew or should have known that malpractice had occurred. A recent case out of the Parish of East Baton Rouge has outlined when a plaintiff is considered to have some notice of legal malpractice. 
Although you may be excited if you are awarded damages at trial, your award might still face a challenge on appeal. Therefore, when you are involved in a trial for an accident in which you were harmed, it is important to understand what evidence you need to present so that any money you are awarded can survive a challenge on appeal. 
Simple driving accidents happen every day due to lapses in inattention. The results of these lapses can have devastating consequences. Whose is at fault in an accident when both parties were less than perfect in assessments of dangers on the road? The subsequent lawsuit from Louisiana shows how a court will determine how much fault each party bears for an accident and adjust damages based on that outcome.