When an 18-wheeler causes a catastrophic wreck on I-12 or I-10, the truck driver is rarely the only party at fault. Under the Louisiana doctrine of Respondeat Superior, an employer is often liable for the damage caused by their employees. However, trucking companies frequently try to avoid this “Vicarious Liability” by claiming their drivers are
Work-related injuries, especially in construction, are not uncommon. However, the outcomes in workers’ compensation cases vary because the contractual relationship between the parties is often not clear. Under Louisiana law, workers’ compensation is provided to an employee if they’re injured by an accident “arising out of” and “in the course of” his employment with a
A recent case appealed from the Parish of East Baton Rouge provides a great example not only of the potential difficulties of recovering damages for negligence from a merchant, but also of summary judgment and how it works. In November 2006, the plaintiff entered the defendant’s store, tripped on what she claims was a ‘flipped-up’
Louisiana merchants must keep their premises safe not only for their guests or customers but also for any person invited onto the property for business purposes. This also includes persons delivering goods to restaurants like in the case of Jones v. Jula Trust, LLC. Jones was a deliveryman for Pepsi. En route, he stopped at
Companies manufacturing items that are inherently dangerous in the course of its normal use have certain legal obligations under products liability law. This case illustrates the necessary components of a successful products liability claim in Louisiana. The plaintiff was working on a backhoe to clean out a drainage culvert when the clamps holding the vehicle’s
The Jones Act is a law that provides seamen the chance to bring personal injury suits against the owners and operators of vessels they are working on in cases where the owner or operator was negligent or in some other way at fault for the injury. One of the types of damage allowable under the
A class action suit occurs when a group of people bring a case together as representatives of an entire class of people who are similarly situated. In order to bring a class action in Louisiana, a judge must certify the class. This means that the class of plaintiffs meets the requirements for their class action
When treatment provided by a health care professional falls below the accepted standard of practice in the medical community and causes injury or death to a patient, it is said that medical negligence or medical malpractice has occurred. To establish a claim for medical malpractice, a plaintiff must prove: (1) the standard of care applicable
A degree of legal closure has settled following a failed New Orleans housing project and years of litigation. The U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s ruling in a dispute between the developer, Levy Gardens Partners, and its title insurance company, Commonwealth Land Title Insurance Company. The U.S. District Court
Over the years, major advances in the field of transportation have made it relatively easy for people to move about the country. Many people find themselves in indefinite living situations, changing jobs, going to college or maybe just moving to a new area. In these types of circumstances, ownership may not be all that intriguing
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.
When an 18-wheeler causes a catastrophic wreck on I-12 or I-10, the truck driver is rarely the only party at fault. Under the Louisiana doctrine of Respondeat Superior, an employer is often liable for the damage caused by their employees. However, trucking companies frequently try to avoid this “Vicarious Liability” by claiming their drivers are
Work-related injuries, especially in construction, are not uncommon. However, the outcomes in workers’ compensation cases vary because the contractual relationship between the parties is often not clear. Under Louisiana law, workers’ compensation is provided to an employee if they’re injured by an accident “arising out of” and “in the course of” his employment with a
A recent case appealed from the Parish of East Baton Rouge provides a great example not only of the potential difficulties of recovering damages for negligence from a merchant, but also of summary judgment and how it works. In November 2006, the plaintiff entered the defendant’s store, tripped on what she claims was a ‘flipped-up’
Louisiana merchants must keep their premises safe not only for their guests or customers but also for any person invited onto the property for business purposes. This also includes persons delivering goods to restaurants like in the case of Jones v. Jula Trust, LLC. Jones was a deliveryman for Pepsi. En route, he stopped at
Companies manufacturing items that are inherently dangerous in the course of its normal use have certain legal obligations under products liability law. This case illustrates the necessary components of a successful products liability claim in Louisiana. The plaintiff was working on a backhoe to clean out a drainage culvert when the clamps holding the vehicle’s
The Jones Act is a law that provides seamen the chance to bring personal injury suits against the owners and operators of vessels they are working on in cases where the owner or operator was negligent or in some other way at fault for the injury. One of the types of damage allowable under the
A class action suit occurs when a group of people bring a case together as representatives of an entire class of people who are similarly situated. In order to bring a class action in Louisiana, a judge must certify the class. This means that the class of plaintiffs meets the requirements for their class action
When treatment provided by a health care professional falls below the accepted standard of practice in the medical community and causes injury or death to a patient, it is said that medical negligence or medical malpractice has occurred. To establish a claim for medical malpractice, a plaintiff must prove: (1) the standard of care applicable
A degree of legal closure has settled following a failed New Orleans housing project and years of litigation. The U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s ruling in a dispute between the developer, Levy Gardens Partners, and its title insurance company, Commonwealth Land Title Insurance Company. The U.S. District Court
Over the years, major advances in the field of transportation have made it relatively easy for people to move about the country. Many people find themselves in indefinite living situations, changing jobs, going to college or maybe just moving to a new area. In these types of circumstances, ownership may not be all that intriguing