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Understanding Property Damage Claims and Amount of Time to File Suit

In Mallett v. McNeal, 939 SO.2d 1254, 2005-2289 (La. 10/17/06), the Supreme Court of Louisiana held that an unconditional payment of a property damage claim constitutes an acknowledgement sufficient to interrupt prescription. Thus, for example, an insurance company’s tender of an unconditional payment to an injured third-party claimant is an acknowledgement, and this acknowledgment interrupts

May 14, 2010 No Comments

Understanding a Hospital or Doctor’s Duty of Care Requirements

A patient visiting Lake Charles Hospital, located in Calcasieu Parish, filed a lawsuit against his treating physician alleging the doctor was negligent while diagnosing his symptoms. After the patient was hospitalized, the doctor ordered a stress test. Just minutes after the start of the test, the patient began to suffer from an abnormally rapid heart

May 13, 2010 No Comments

An Example of the Duty of Care For Stores and Injured Customers

The Louisiana Third Circuit Court of Appeals recently ruled in favor of the owner of a Lafayette hardware store and affirmed the trial court’s granting of Summary Judgment against a customer who was bitten by a spider while shopping there. While in the store, Lee Johnson picked a rosebush from an outdoor display at the

May 12, 2010 No Comments

Oil Pollution Act May Provide an Extra Source of Compensation to Those Affected by Gulf Coast Oil Spill

In the aftermath of the explosion of the Deepwater Horizon and the disastrous oil spill that now encroaches on Louisiana’s coastline, many individuals and business will be looking for a way to handle the massive financial burden associated with clean up and recovery. Luckily, the law provides a way for them to collect some damages.

May 11, 2010 No Comments

Officials Warn of Oil-Related Health Hazards to Louisiana Residents

The massive oil slick drifting ominously in the Gulf of Mexico has state officials worried for the health of Louisiana residents who live along the coast. Since April 20, when the oil rig Deepwater Horizon exploded and subsequently sank, oil has been flowing into the Gulf at a rate of up to 200,000 gallons per

May 10, 2010 No Comments

Long History of Accidents Near Sharp Addis Curve Serves as Sufficient Constrictive Notice to DOTD

A February 1996 car accident led the First Circuit Court of Appeals of Louisiana to find that testimony indentifying an ample history of car accidents near a sharp curve in Addis, Louisiana, established that the curve had presented a problem for a significant period of time. The Court found that the testimony was sufficient to

May 8, 2010 No Comments

Police Chief’s Complications Good Example of Workers’ Compensation Limits

If you or someone you know has been injured on the job, there’s a good chance that workers compensation was a topic of conversation. By law, employees injured during and in the course of their employment are entitled to monetary benefits. However, the right to collect worker’s compensation does not stretch indefinitely. Most jurisdictions place

May 7, 2010 No Comments

Understanding the Term “Medical Malpractice”

Many people believe that the term “medical malpractice” means a doctor can be sued any time a doctor harms or makes a mistake while treating a patient. Like most states, Louisiana’s Medical Malpractice Act protects doctors from frivolous, or meritless litigation, meaning incidental harm or minor mistakes made by a doctor will probably not result

May 6, 2010 No Comments

Underinsured Motorists and Protections Available to Louisiana Drivers

Louisiana law requires motorists to carry liability insurance on any automobile they own. This coverage pays for property damages or personal injury for which you may be legally responsible. Unfortunately, not everyone on the road has insurance. However, insurance companies have built in protection for drivers that are injured by an uninsured/underinsured motorist. In 1999,

May 4, 2010 No Comments

Animal/Dog Bites

New Orleans Pit Bull Attacks: Understanding Strict Liability & Owner Responsibility

A five year old and seven year old were injured in pit bull attacks in New Orleans March 30 and 31. Shockingly, these attacks both occurred within only 18 hours! First, a five year old girl was mauled in the Gentilly area. A mere eighteen hours later a seven year old was attacked in Algiers

May 3, 2010 No Comments

Jeffrey Berniard

Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.

VIEWING ARCHIVES FOR:

Civil Matter

Search Our Legal Knowledge Base

Understanding Property Damage Claims and Amount of Time to File Suit

Understanding a Hospital or Doctor’s Duty of Care Requirements

An Example of the Duty of Care For Stores and Injured Customers

Oil Pollution Act May Provide an Extra Source of Compensation to Those Affected by Gulf Coast Oil Spill

Officials Warn of Oil-Related Health Hazards to Louisiana Residents

Long History of Accidents Near Sharp Addis Curve Serves as Sufficient Constrictive Notice to DOTD

Police Chief’s Complications Good Example of Workers’ Compensation Limits

Understanding the Term “Medical Malpractice”

Underinsured Motorists and Protections Available to Louisiana Drivers

New Orleans Pit Bull Attacks: Understanding Strict Liability & Owner Responsibility

Jeffrey Berniard

Archives

Understanding Property Damage Claims and Amount of Time to File Suit

Understanding a Hospital or Doctor’s Duty of Care Requirements

An Example of the Duty of Care For Stores and Injured Customers

Oil Pollution Act May Provide an Extra Source of Compensation to Those Affected by Gulf Coast Oil Spill

Officials Warn of Oil-Related Health Hazards to Louisiana Residents

Long History of Accidents Near Sharp Addis Curve Serves as Sufficient Constrictive Notice to DOTD

Police Chief’s Complications Good Example of Workers’ Compensation Limits

Understanding the Term “Medical Malpractice”

Underinsured Motorists and Protections Available to Louisiana Drivers

New Orleans Pit Bull Attacks: Understanding Strict Liability & Owner Responsibility

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