Car accidents occur every day, and the first question that is usually asked is who was at fault for the accident. This determination is not easy, however, a Louisiana second circuit court of appeal’s case explored fault in order to allocate liability to the parties respectively. In Gentry v. State Farm, the Court held that
Reuters News Service reports that Johnson & Johnson has blamed “lax cleaning procedures” for its massive recalls of over the counter medicines and artificial joint replacements. “Insufficient equipment cleaning procedures and instances where people failed to adequately document cleaning procedures” are among some of the identified cleaning issues. The company has cited to “label irregularit(ies)”
Court systems are very highly burdened. Currently, there are too many cases compared to the number of judges and judicial staff. This phenomenon of law will not likely change any time soon. Therefore, the judicial system had to come up with ways to counter the overflowing process. One of the most logical methods of ending
In civil litigation, the defendant is responsible for the damage caused to the plaintiff(s) when found responsible for causing harm. This damage may be either physical or property damage. If a defendant is found to be at fault, the next question is usually to what extent the defendant is liable for any resulting injuries. In
Previously on this blog, we have looked at a variety of cases involving premises liability. Most have centered on an injury that occurs when the plaintiff visits a store or other commercial enterprise; in those cases, the defendant faces a heightened “merchant” standard of care under state statute, namely La. R.S. 9:2800.6. This post will
The level of care required of medical practitioners is very high. This is because people put their trust, and sometimes their lives and well being in the hands of a doctor or surgeon. The level of care is high because we must attain the very best from the people who perform the most delicate and
In a recent post, we reviewed the Nolan v. Mabray case which discussed the requirement under Louisiana law that an insurance company must mail a written notice of its intent not to renew an existing policy at least thirty days prior to the policy’s expiration. La.R.S. 22:636.6. The purpose of the notice is to provide
In several previous posts on this blog, we have explored cases involving premises liability where the plaintiff is injured while visiting a “restaurant”, “store”, or other “business”. But what about a plaintiff who is injured on his own property by a device that is owned by another party but which is on his property for
In many circumstances, state and federal governments are protected by governmental immunity. In some circumstances, e.g. where government acts as a market participant, these immunities are set aside due to the nature of the actions taken by the government. In Louisiana, the Lafayette Consolidated Government (LCG) runs a bus service for its citizens. On one
In August 2010, DePuy recalled thousands of its ASR hip implant units after medical watchdogs discovered the product was structually unsafe and caused many recipients metallosis, substantial loss of mobility in joints, and other symptoms. Thousands of lawsuits immediately followed, with most still pending. Hip implants aren’t the only product produced by DePuy, and its
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.
Car accidents occur every day, and the first question that is usually asked is who was at fault for the accident. This determination is not easy, however, a Louisiana second circuit court of appeal’s case explored fault in order to allocate liability to the parties respectively. In Gentry v. State Farm, the Court held that
Reuters News Service reports that Johnson & Johnson has blamed “lax cleaning procedures” for its massive recalls of over the counter medicines and artificial joint replacements. “Insufficient equipment cleaning procedures and instances where people failed to adequately document cleaning procedures” are among some of the identified cleaning issues. The company has cited to “label irregularit(ies)”
Court systems are very highly burdened. Currently, there are too many cases compared to the number of judges and judicial staff. This phenomenon of law will not likely change any time soon. Therefore, the judicial system had to come up with ways to counter the overflowing process. One of the most logical methods of ending
In civil litigation, the defendant is responsible for the damage caused to the plaintiff(s) when found responsible for causing harm. This damage may be either physical or property damage. If a defendant is found to be at fault, the next question is usually to what extent the defendant is liable for any resulting injuries. In
Previously on this blog, we have looked at a variety of cases involving premises liability. Most have centered on an injury that occurs when the plaintiff visits a store or other commercial enterprise; in those cases, the defendant faces a heightened “merchant” standard of care under state statute, namely La. R.S. 9:2800.6. This post will
The level of care required of medical practitioners is very high. This is because people put their trust, and sometimes their lives and well being in the hands of a doctor or surgeon. The level of care is high because we must attain the very best from the people who perform the most delicate and
In a recent post, we reviewed the Nolan v. Mabray case which discussed the requirement under Louisiana law that an insurance company must mail a written notice of its intent not to renew an existing policy at least thirty days prior to the policy’s expiration. La.R.S. 22:636.6. The purpose of the notice is to provide
In several previous posts on this blog, we have explored cases involving premises liability where the plaintiff is injured while visiting a “restaurant”, “store”, or other “business”. But what about a plaintiff who is injured on his own property by a device that is owned by another party but which is on his property for
In many circumstances, state and federal governments are protected by governmental immunity. In some circumstances, e.g. where government acts as a market participant, these immunities are set aside due to the nature of the actions taken by the government. In Louisiana, the Lafayette Consolidated Government (LCG) runs a bus service for its citizens. On one
In August 2010, DePuy recalled thousands of its ASR hip implant units after medical watchdogs discovered the product was structually unsafe and caused many recipients metallosis, substantial loss of mobility in joints, and other symptoms. Thousands of lawsuits immediately followed, with most still pending. Hip implants aren’t the only product produced by DePuy, and its