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Property Owners Not Liable Unless They Caused Sidewalk Defect

According to an American Law Report, it is generally the rule that the owner or occupant of a property touching a public sidewalk does not, solely by reason of being the owner, owe to the public a duty to keep the sidewalk in safe condition. This rule of nonliability is not affected by a statute

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Jurisdiction Crucial in Lawsuit Involving Boat Sale

The plaintiff in Susan Michelle Canon v. Harry B. Towns, et al. recently lost her appeal from a judgment from the Parish of Calcasieu, dismissing her claims against the defendant North Carolina boat sellers in the case for lack of personal jurisdiction. If a court does not have jurisdiction over a party in a case,

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Injury at Hospital Examines Liability and Duty

The duty owed by hospitals to patients is a rather cut and dry area of law. However, a case arising out of West Monroe, Louisiana, illustrates how questions of liability become more difficult when the patients’ visitors are involved. Although a hospital does owe a duty of reasonable care to its visitors, the key is

Read More »

Hearsay Rules in Louisiana: Understanding Evidence Admissibility

In any Louisiana lawsuit, the strength of your case depends entirely on what evidence is allowed into the courtroom. The ‘Hearsay Rule’ acts as a gatekeeper, designed to ensure that only reliable, first-hand testimony reaches the judge or jury. Under Louisiana Code of Evidence Article 802, understanding what constitutes hearsay—and the many exceptions to the

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Asbestos Case Involves Rules for Testimony and Exclusion

Joseph Trascher of Slidell, LA, was born in April 15, 1940 and died April 11, 2007. Shortly before his death in March of 2007, he filed a petition in the district court seeking an ex parte order to perpetuate his testimony. He alleged that in August 2006, he was diagnosed with asbestosis, and that it

Read More »

Pothole Blamed for One-Car Accident in East Carroll Parish

After being involved in a one-car accident in 2008, a Louisiana woman sued East Carroll Parish Police Jury, claiming that a pothole on Perry Road resulted in her accident. She later amended her claim to state that other factors had further contributed to her injury and that the road was defective. In response, the Police

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Jeffrey Berniard

Attorney Jeff Berniard, Licensed Louisiana Attorney and Founder of Berniard Law Firm

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

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Property Owners Not Liable Unless They Caused Sidewalk Defect

According to an American Law Report, it is generally the rule that the owner or occupant of a property touching a public sidewalk does not, solely by reason of being the owner, owe to the public a duty to keep the sidewalk in safe condition. This rule of nonliability is not affected by a statute

Read More »

Jurisdiction Crucial in Lawsuit Involving Boat Sale

The plaintiff in Susan Michelle Canon v. Harry B. Towns, et al. recently lost her appeal from a judgment from the Parish of Calcasieu, dismissing her claims against the defendant North Carolina boat sellers in the case for lack of personal jurisdiction. If a court does not have jurisdiction over a party in a case,

Read More »

Injury at Hospital Examines Liability and Duty

The duty owed by hospitals to patients is a rather cut and dry area of law. However, a case arising out of West Monroe, Louisiana, illustrates how questions of liability become more difficult when the patients’ visitors are involved. Although a hospital does owe a duty of reasonable care to its visitors, the key is

Read More »

Hearsay Rules in Louisiana: Understanding Evidence Admissibility

In any Louisiana lawsuit, the strength of your case depends entirely on what evidence is allowed into the courtroom. The ‘Hearsay Rule’ acts as a gatekeeper, designed to ensure that only reliable, first-hand testimony reaches the judge or jury. Under Louisiana Code of Evidence Article 802, understanding what constitutes hearsay—and the many exceptions to the

Read More »

Asbestos Case Involves Rules for Testimony and Exclusion

Joseph Trascher of Slidell, LA, was born in April 15, 1940 and died April 11, 2007. Shortly before his death in March of 2007, he filed a petition in the district court seeking an ex parte order to perpetuate his testimony. He alleged that in August 2006, he was diagnosed with asbestosis, and that it

Read More »

Pothole Blamed for One-Car Accident in East Carroll Parish

After being involved in a one-car accident in 2008, a Louisiana woman sued East Carroll Parish Police Jury, claiming that a pothole on Perry Road resulted in her accident. She later amended her claim to state that other factors had further contributed to her injury and that the road was defective. In response, the Police

Read More »
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