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Distinguishing Wrongful Death Claims from Exclusive Worker’s Compensation Issues

Many experience the unfortunate circumstance of work related accidents, the most extreme of which may result in death. People often wrongly assume that sustaining an on-the-job injury guarantees a right to sue the employer, in addition to asserting workers’ compensation claims. However, the Louisiana Workers’ Compensation Act provides strict guidelines for remedying a work relating

June 28, 2013 No Comments

Fall at Hospital Brings to Light Debate Over Liability for Public Entity

Generally, if you are injured due to the fault of someone else, you are likely to have a legal claim. However, this is not always the case. You must prove additional elements if you are injured on the property of a public entity. A case involving the West Jefferson Medical Center helps explain these concepts.

June 27, 2013 No Comments

Informed Consent Target of Lawsuit Involving Medical Malpractice Claim

Medical malpractice occurs when a doctor or medical professional fails to competently perform a medical treatment and the patient is harmed as a result. One type of medical malpractice is lack of informed consent by the patient – doctors are required by law to inform their patients about the known risks involved for a proposed

June 26, 2013 No Comments

Tragic Workplace Accident Provides Insight Into Duty of Care

A former employee of the Mansfield, LA, branch of the International Paper Company, met with a fatal accident while on the job. While repairing a valve on the platform surrounding the top of a whitewater tank, he fell through the access opening and into the tank. Access opening covers are not rooted firmly to the

June 25, 2013 No Comments

Liability When an Escaped Prisoner Injures an Innocent Community Member

What sort of liability arises when an escaped prisoner causes personal injury to someone? It’s certainly not a typical question with which tort law deals. The matter arose in Acadia Parish, where prisoner Jack Stansberry escaped from a hospital, stole a vehicle, and injured plaintiff Nelwin Rider in the process. The trial court granted partial

June 24, 2013 No Comments

Prescription Exceptions Exist for Multitude of Cases

Diving into complex legal issues is difficult but necessary. One particular example is the idea of prescription, or timing involved in filing a case. The exception of prescription is a limit on actions that may be brought, and has proven to be a successful defense. Peremptory exceptions may be asserted when the time for filing

June 22, 2013 No Comments

Dog Injury in Lafayette Leads to Examination of Liability

The Court of Appeal of Louisiana, Third Circuit, recently ruled in the summer of 2012 on an issue coming out of the Parish of Lafayette involving a variety of legal questions. In the case of Theresa St. Julien v. Julie Walters Landry, Julien was allegedly injured by her neighbor’s dog when it came free from

June 21, 2013 No Comments

Third Circuit Reverses Lafayette Court Ruling on an Exception of No Right of Action Claim

On October 3, 2010, Darnall and Michelle Carter suffered the loss of their son Kyris in a drowning incident at a party. On April 25, 2011, the Carters filed wrongful death and survival actions against Steak House Steaks, Inc., James Nations Jr., the alleged owner of the property where the party was held, and XYZ

June 20, 2013 No Comments

Jones Act Negligence and Unseaworthiness Explored in Louisiana Maritime Case

The Jones Act is officially titled the Merchant Marine Act of 1920 and was passed by Congress in response to concerns about the health of the Merchant Marine and to establish protections for sailors. Before the Jones Act, seamen who were injured had few options for recovering damages for their injuries, but now the Jones

June 19, 2013 No Comments

When is a Hotel Responsible for the Injury of a Guest?

We hear about injuries to customers resulting in large settlements in the news frequently. In any industry, there is some risk that clients or customers will be injured during the time they are patronizing the establishment. When these injuries occur it often results in a lawsuit. Who is at fault (and as a result, liable

June 18, 2013 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

Distinguishing Wrongful Death Claims from Exclusive Worker’s Compensation Issues

Fall at Hospital Brings to Light Debate Over Liability for Public Entity

Informed Consent Target of Lawsuit Involving Medical Malpractice Claim

Tragic Workplace Accident Provides Insight Into Duty of Care

Liability When an Escaped Prisoner Injures an Innocent Community Member

Prescription Exceptions Exist for Multitude of Cases

Dog Injury in Lafayette Leads to Examination of Liability

Third Circuit Reverses Lafayette Court Ruling on an Exception of No Right of Action Claim

Jones Act Negligence and Unseaworthiness Explored in Louisiana Maritime Case

When is a Hotel Responsible for the Injury of a Guest?

Jeffrey Berniard

Archives

Distinguishing Wrongful Death Claims from Exclusive Worker’s Compensation Issues

Fall at Hospital Brings to Light Debate Over Liability for Public Entity

Informed Consent Target of Lawsuit Involving Medical Malpractice Claim

Tragic Workplace Accident Provides Insight Into Duty of Care

Liability When an Escaped Prisoner Injures an Innocent Community Member

Prescription Exceptions Exist for Multitude of Cases

Dog Injury in Lafayette Leads to Examination of Liability

Third Circuit Reverses Lafayette Court Ruling on an Exception of No Right of Action Claim

Jones Act Negligence and Unseaworthiness Explored in Louisiana Maritime Case

When is a Hotel Responsible for the Injury of a Guest?

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