Negligent lawyers can get themselves into hot water by retaining confidential client documents. Often, this violation of professional responsibility will result in a malpractice suit. The more egregious behavior, the more intensely the lawyer may find themselves being litigated against. For example, in the following appeal, a lawyer is sued…
Articles Posted in Negligence Claims
How Does a Pre-Existing Injury affect your Workers’ Compensation Claim?
When people are injured at work, they expect to be compensated for an extended period. However, worker’s compensation can be hard to recover. So how does a pre-existing injury affect your workers’ compensation claim? The following lawsuit from Metairie, Louisiana, helps answer this question. Sharon Mangiaracina suffered a work-related injury…
A “Stay” of a Federal Suit May Have Far-Reaching Impacts for Prescription Purposes
Personal injury cases can often drag out for years in a confusing manner. This is especially true when there are disagreements about the proper venue and subject matter jurisdiction. A recent appeal discussed below tackles the challenges of dismissal of actions due to a lack of jurisdiction and the timing…
Can I Recover under the Jones Act if Rough Seas Cause a Back Injury
Large waves and rough seas make boat travel a harrowing experience. But what happens if you are at work and fall out of bed during those stormy seas? Is the captain or company you work for liable under the Jones Act? The following case out of Louisiana helps answer the…
Can a State Fire Marshall be liable for Inspector Negligence in a Wrongful Death Lawsuit in Louisiana?
People rely on public services daily, from fire departments to police officers. But what happens if a public entity is responsible for an injury? Can they be held liable for negligence? A recent case out of Grand Isle, Louisiana, shows how public entities can be shielded from liability for negligent…
What do I need to Prove for A Slip and Fall Lawsuit in Louisiana?
If you are walking down the aisle of a store and fall and injure yourself, you may think you have a winning lawsuit. However, that is not always the case. A recent lawsuit out of Gretna, Louisiana, establishes what a plaintiff needs to prove when filing a slip-and-fall lawsuit in…
Utility Ground Hole Fall Lawsuit Fails on Lack of “Constructive Notice”
If you fall into a utility box with no cover, one would likely think they can recover for the damages they endured. However, in Louisiana, lawsuits aren’t as easy as you think. For example, is a company responsible for the utility box if it didn’t have “constructive notice” the ground…
Baton Rouge Recreation and Park Commission Found Not at Fault for Child’s Injuries
When someone is injured in an accident, the question often arises, who is at fault? Certain factors must be met to find fault in an injury case. The following case outlines the elements which must be proven to file a personal injury lawsuit against a public park in East Baton…
Considering a Lawsuit? Don’t Discard Evidence Critical to Your Case
An important safeguard in the law is the requirement for an accusing party to support its allegations with facts and, ultimately, evidence. There are multiple reasons to have this protection in place. Proceeding with a claim that makes a wrong conclusion against another party would not be particularly fair or…
Louisiana Medical Malpractice Lawsuit by Dental Patient Fails at Appeals Court
Appeals from trial court decisions can be costly, especially if the result is again not decided in your favor. Tara Lorraine (“Ms. Lorraine”), a dental patient at Bluebonnet Dental Care, L.L.C., learned this the hard way after appealing a jury verdict decided against her. The Louisiana Court of Appeals for…