Every time we’re contacted by someone who was injured in a fall at an apartment or condo, we’re asked “the landlord is responsible for injuries on their property, right?” In most New Orleans premises liability lawsuits, who is responsible for the maintenance and upkeep of the property is simple: it is the owner. But that is not the case every single time. Here’s what we mean. If the owner was aware of a dangerous condition on the property and did not fix it, the owner will be liable for any injury caused by that dangerous condition. When it comes to leased property, however, this analysis can become a little more complicated. Generally, under Louisiana law, the Landlord is responsible for injuries on their property – in other words, the owner carries the same responsibility to remedy a dangerous condition on leased property as he or she would have on property not being leased. While this…Read More
This month, New Orleans residents will be voting on a proposed amendment to the Louisiana State Constitution designed to protect the Patient Compensation Fund. The amendment requires that the funds only be used for payment of medical malpractice claims, and bars state lawmakers from diverting any money in the fund to cover other areas of government spending. The Patient Compensation Fund was created 37 years ago as part of Louisiana’s efforts to manage costs associated with medical malpractice claims. All damages in medical malpractice claims involving government-operated medical providers are paid through this fund – up to the statutory cap of $500,000. Private medical providers who choose to participate in the fund are responsible for the first $100,000 in damages from any medical malpractice claim. Any amount awarded above that – up to the same statutory cap – is paid out of the Patient Compensation Fund. For individuals who have…Read More
Many New Orleans personal injury lawsuits involve a defendant who was violating a legal statute, such as a driver who runs a red light or fails to yield the right of way. While a clear violation of such laws may establish the defendant’s guilt in criminal court, they do not necessarily establish his or her liability for civil damages. In all personal injuries cases, it must be proven that the defendant owed the injured party a duty of care. When an injured person relies upon a defendant breaking a law to establish the defendant’s responsibility toward the injured person, Louisiana courts tend to analyze the law broken by the defendant using a two prong approach. First, the court will determine whether the law violated by the defendant was designed to protect a category of people that would include the injured party. If the court finds that the violated law was…Read More
Traumatic brain injury is among the more subtle and difficult to diagnosis injuries seen in New Orleans personal injury accidents. Because the medical community is still learning about this condition, there are few full studies regarding its frequency. According to an older study from the Louisiana Department of Health and Hospitals, 6,754 Louisiana residents were found to have suffered a traumatic brain injury from January 1, 2000 to December 31, 2001. The leading cause of these injuries was motor vehicle accidents, followed by falls and firearm-related injuries. Over half the individuals found to have suffered a traumatic brain injury were discharged home after suffering the injury. The study also indicates that nearly one-third of those who suffered a traumatic brain injury died as a result of their injuries. It is unclear from the study itself how many of these deaths arose specifically from injury to the head or brain, as…Read More
As experienced New Orleans personal injury attorneys, we have seen the significant difference that simply wearing a seatbelt can make in a motor vehicle collision. Wearing a seatbelt can literally be a life or death decision. As a result, there has been a great push on both the state and national level to increase seatbelt use among motorists over the past several years. This month, the Louisiana Highway Safety Commission released the results of an observation study conducted in June and July regarding seatbelt use by drivers and front seat passengers. The study found that statewide, 77.7 percent of these individuals used seat belts. This number marked a return to the previous high mark set in 2005 and is the highest compliance rate since the annual study began 25 years ago. The compliance rate last year was 75.9 percent. Unfortunately, while vastly improved from the twelve percent seatbelt use rate…Read More
Automobile accidents are the cause of many personal injuries in the New Orleans area. While we are all concerned about making the roads safe for drivers and pedestrians, a recent report indicates that Louisiana’s metro areas may actually have taken a step backward this past year when it comes to reducing motor vehicle accidents. Every year, Allstate Insurance uses car insurance collision claims data gathered from the 200 largest U.S. cities to rank driver safety in each city. It publishes these rankings in its annual America’s Safest Drivers report. The report is published as an effort to educate people about driving safety in the hope that it will lead to a decrease in future automobile collisions. Three Louisiana metro areas are large enough to make the list: New Orleans, Baton Rouge and Shreveport. Unfortunately for people using the roads in these cities, none ranks particularly high in terms of safety,…Read More
Given the number of commercial trucks on the roads of New Orleans, it is inevitable that some drivers will violate the rules regarding when they can drive. Personal injury accidents caused by large trucks driven by fatigued drivers could be substantially reduced if all drivers would follow federal regulations regarding limiting hours on the road and necessary rest time. To help address the danger of driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) issued a regulation in 2010 that required all commercial trucks operated by companies with poor work hour compliance records to be fitted with electronic devices that would automatically track when the truck was on the road. This device would replace the log book traditionally used by drivers to record their work hours. Log books rely upon drivers honestly recording their information and, as a result, are easily falsified. This new regulation was scheduled to take effect…Read More
The vast majority of New Orleans personal injury lawsuits involve the pursuit of damages through a defendant’s insurer. While the defendant named in the lawsuit may be the individual or entity that caused the injury, in most cases the defendant’s insurer has the greatest involvement, both financially and legally, in actually defending the case. The responsibility of the insurance company to provide financial coverage for the conduct that led to an injury usually is clear and is usually not at issue in a personal injury lawsuit. Occasionally, however, an insurance company may claim that an injury resulted from actions by the defendant that were outside the scope of the insurance policy and, therefore, there is no coverage. While there is no bar to an injured party proceeding directly against the defendant regardless of insurance coverage, it is usually in the best interest of the injured person for the insurance company…Read More
Many people in New Orleans have been killed or badly injured in car accidents involving drunk drivers. Because of the threat these drivers pose, Louisiana law has made special provisions to protect individuals hurt in these accidents and impose additional penalties on drunk drivers. When a person is injured by a drunk driver, the injured party may pursue punitive damages against that driver. Punitive damages are damages awarded to the injured party above the amount granted as compensation for the cost of medical treatment, lost wages and pain and suffering. These additional damages are granted for the purpose of punishing the defendant and deterring similar conduct in the future. Injuries caused by drivers intoxicated or impaired by alcohol or drugs present one of the few cases in which punitive damages may be pursued in Louisiana. In most other cases of injury caused in a car accident, they cannot be pursued.…Read More
Injuries to children are among the most emotionally difficult cases for New Orleans personal injury attorneys. No doctor sets out with the goal of injuring a patient’s baby, but they do occasionally make mistakes that lead to a birth injury. Erb’s Palsy is among the more common birth injuries that can arise from a mistake in the birthing process. Erb’s Palsy is an injury to the nerves that control and supply the muscles of the shoulder and upper extremities (the upper brachial plexus). It can result from the baby becoming stuck in the mother’s birth canal during birth. When a baby’s shoulder becomes stuck at the mother’s pelvic bone during childbirth (shoulder dystocia), there are several methods that a physician may use to dislodge the infant. These include applying traction to the head in an attempt to dislodge the shoulder. Applying too much traction while the shoulder remains stuck, however, can…Read More
