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 when he disregarded the proper procedures and highlights the significance of following the established protocols.
Joseph Barlow was detained at the Lafayette Correctional Facility, where he slipped and fell in a puddle of water on two different occasions. Barlow claims an open pipe allowed water to overflow onto the floor. He filed a lawsuit against the Director of Corrections for Lafayette Parish, the Sheriff of Lafayette Parish, and the insurance company for injuries sustained to his neck and back. The defendants filed an exception of prematurity, claiming Barlow did not look at all of the remedies provided by the correction center’s handbook. The defendants also filed an exception of prescription and abandonment. A trial court sustained all of the defendants’ motions, and Barlow’s claims were dismissed. Barlow appealed.
In the appeal, Barlow claimed the trial court erred in granting the exception of prematurity. He first argued the handbook did not mention the procedures for injury claims resulting from negligence. He then argued the defendants had notice of the danger from the pipe. Lastly, Barlow claimed he did not receive an up-to-date handbook and was not informed of its alterations.