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Appeals Court Upholds Summary Judgment Against Manufacturer in Evangeline Parish Products Liability Case

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

November 30, 2013 No Comments

Appeals Court Upholds Jones Act Claim for Seaman Injured Off Gulf Coast

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

November 28, 2013 No Comments

Parish Judge Affirms Denial of Class Certification in Oil Spill Suit

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

November 26, 2013 No Comments

Injured Ouachita Patient Fails to Meet Burden of Proof in Medical Malpractice 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

November 22, 2013 No Comments

Public Entities Afforded Special Treatment by the Law in Injury Cases

Public entities, such as the food bank in the City of Kenner, get special treatment when it comes to personal injuries. A plaintiff must prove that a hazard was not open and obvious in order to collect damages for their injuries. The thing must also pose an unreasonable risk of harm. However, if there is

November 17, 2013 No Comments

Louisiana Court Says Widow of Paper Mill Employee in Mansfield Unable to Recover Damages

The appellate court has affirmed a summary judgment dismissing a widow’s case against Stebbins Engineering and Manufacturing Company. She filed suit after her husband died while he was working at International Paper Company in Mansfield, Louisiana. An employee died when, while attempting to repair a valve on the platform surrounding a white water tank/tile chest,

November 14, 2013 No Comments

Westlake Head-on Collision Leads to Serious Injuries, Examination of Responsibility

Throughout Louisiana there are many roads that do not have marked center lines. When an accident occurs on one of these roads, a careful investigation must be made to determine which side of the road the accident occurred on. Then, if a lawsuit is filed, the trier of fact can determine which driver was responsible

November 12, 2013 No Comments

Employer Had No Duty to Prevent Caregiver’s Lifting Injury

To a certain extent, employers are legally required to guard their employees against the risk of on-the-job injuries. But for an injured employee to prevail in a lawsuit against the employer, the employee must be able to prove that the employer owed him or her a duty to prevent the particular accident that occurred. The

November 11, 2013 No Comments

Nursing Home Injury Leads to Medical Malpractice Claim

Recently, an individual from the Parish of St. Tammany was injured as she was transported from a nursing home to another health-care facility. She fell from her wheelchair when the driver had to slam on his brakes. The wheelchair had neither a seatbelt, nor was the wheelchair strapped down in the van. The individual sued

November 9, 2013 No Comments

5th Circuit Rules Wal-Mart Not Liable for Slip-and-Fall Caused by Leaky Roof

When a hazardous condition on a merchant’s property causes a slip-and-fall accident, the victim can file suit for his or her injuries. But in Louisiana, the merchant can only be held liable for those injuries if the merchant created the danger or had actual or constructive notice of it before the accident. This law saved

October 27, 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:

Pain And Suffering Claims

Search Our Legal Knowledge Base

Appeals Court Upholds Summary Judgment Against Manufacturer in Evangeline Parish Products Liability Case

Appeals Court Upholds Jones Act Claim for Seaman Injured Off Gulf Coast

Parish Judge Affirms Denial of Class Certification in Oil Spill Suit

Injured Ouachita Patient Fails to Meet Burden of Proof in Medical Malpractice Action

Public Entities Afforded Special Treatment by the Law in Injury Cases

Louisiana Court Says Widow of Paper Mill Employee in Mansfield Unable to Recover Damages

Westlake Head-on Collision Leads to Serious Injuries, Examination of Responsibility

Employer Had No Duty to Prevent Caregiver’s Lifting Injury

Nursing Home Injury Leads to Medical Malpractice Claim

5th Circuit Rules Wal-Mart Not Liable for Slip-and-Fall Caused by Leaky Roof

Jeffrey Berniard

Archives

Appeals Court Upholds Summary Judgment Against Manufacturer in Evangeline Parish Products Liability Case

Appeals Court Upholds Jones Act Claim for Seaman Injured Off Gulf Coast

Parish Judge Affirms Denial of Class Certification in Oil Spill Suit

Injured Ouachita Patient Fails to Meet Burden of Proof in Medical Malpractice Action

Public Entities Afforded Special Treatment by the Law in Injury Cases

Louisiana Court Says Widow of Paper Mill Employee in Mansfield Unable to Recover Damages

Westlake Head-on Collision Leads to Serious Injuries, Examination of Responsibility

Employer Had No Duty to Prevent Caregiver’s Lifting Injury

Nursing Home Injury Leads to Medical Malpractice Claim

5th Circuit Rules Wal-Mart Not Liable for Slip-and-Fall Caused by Leaky Roof

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