New Orleans has started to build out an extensive bicycle lane network throughout the city. While these bicycle lanes will help protect bicyclists from collisions with motor vehicles, anytime bicyclists are riding in close proximity to cars and trucks, there is an obvious risk of harm to the bicyclist. Even when bike lanes are present, accidents resulting from other vehicles invading bike lanes are not uncommon. Louisiana law states “every person riding a bicycle upon a highway of this state shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle.” In other words, bicyclists must abide by the same rules of the road as motor vehicle drivers, but are also protected by those same rules. In most cases, motor vehicle drivers are required to abide by the same regulations regarding issues such as right of way, tailgating, etc., for…Read More
In most cases, New Orleans personal injury attorneys proceed directly against the person that caused the injury to a client. There are situations, however, where the law holds a third party responsible for that person’s actions, even though that third party did nothing to directly cause the injury. This is referred to as vicarious liability. Vicarious liability does not hold a person liable because he or she personally committed a negligent or intentional act that led to injury. Instead, that party is held responsible by law because he or she had a legally significant relationship with the person who actually caused the injury. The primary types of vicarious liability in Louisiana are an employer’s vicarious liability for damages caused by an employee in the course and scope of employment, and a parent’s liability for the acts of an unemancipated minor child. Louisiana Civil Code article 2320 sets forth the general…Read More
Expert witnesses may be used in New Orleans personal injury lawsuits for a variety of reasons. While the topics an expert may testify about are essentially limitless, both personal injury and defense attorneys frequently employ experts for such diverse purposes as reconstructing motor vehicle accidents, examining the engineering of a dangerous product, and evaluating future damages associated with an injury. The purpose of expert testimony is to help clarify for the jury an issue that requires knowledge beyond that held by a typical juror. When an expert’s testimony is based upon sound reasoning and valid science, hearing from an expert can prove very helpful to a jury. Unfortunately, the broad range of topics that fall under the umbrella of “expert testimony” means that on occasion, attorneys may seek to have experts testify about findings based on questionable scientific reasoning or on studies only marginally related to the issue in the…Read More
While every New Orleans personal injury lawsuit has its own set of unique circumstances, there are some fundamental facts that must be proven in every case before the plaintiff may be awarded damages. The basic laws underlying all personal injury lawsuits brought in Louisiana are set forth in Articles 2315 and 2316 of the Louisiana Civil Code. Article 2315 states: “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” Article 2316 states: “Every person is responsible for the damage he occasions not merely by his act, but by his negligence, his imprudence, or his want of skill.” While these articles would seem to allow for a successful lawsuit whenever it can be established that a defendant’s negligence caused injury to the plaintiff, this is not actually the case. In a personal injury lawsuit, the plaintiff must also establish that…Read More
A motion for summary judgment is a procedural device that allows a court to resolve a case without a full trial when there is no “genuine issue of material fact” to be decided. If the court comes to that conclusion, the party bringing the motion is entitled to judgment as a matter of law. Such motions are occasionally filed in New Orleans personal injury lawsuits. The filing of such a motion means that one of the parties believes that there are facts in their favor that are beyond dispute. A motion for summary judgment may be made by either the plaintiff or the defense. In legal terms, a fact is “material” in a personal injury lawsuit when it is essential to the plaintiff’s theory of recovery. When there is a “genuine issue of material fact,” it means that reasonable people could disagree about the material fact being considered. In such…Read More
The government of Louisiana has passed several laws that limit recovery for personal injuries suffered on land used for recreational purposes. This includes specific regulations surrounding lands owned, leased, or managed as a public park by the state or its political subdivisions. As a result, when a personal injury occurs in a New Orleans area public park, the circumstances must be carefully examined to determine if there is any right to recovery. Basically, Louisiana law provides that when landowners permit use of land for recreational purposes, they do not thereby incur liability for a personal injury caused by any defect in the land. This applies regardless of whether the defect was naturally occurring or man-made. The major exception to this regulation occurs when the landowner engages in willful or malicious failure to warn against a dangerous condition, se, structure, or activity. There are, however, two other exceptions that have specific…Read More
Under Louisiana Civil Code article 2321, dogs are treated differently than other animals when they cause a personal injury. For cases involving animals, aside from dogs, the law requires proof that the owner of the animal was negligent. In contrast, when a New Orleans resident is bitten by a dog, the owner of the dog is strictly liable for any injury caused by it. This does not, however, mean that dog owners must automatically pay damages in every dog bite case. The law also requires proof that the owner could have prevented the damage caused by the dog. The Louisiana Supreme Court has held that, to prove the owner of the dog could have prevented the dog’s actions, the plaintiff must show the dog presented an unreasonable risk of harm. What constitutes an unreasonable risk of harm must be determined on a case-by-case basis. The individual right of the dog…Read More
The monetary award granted in New Orleans personal injury lawsuits is referred to as compensatory damages. Compensatory damages are divided into two broad categories: special damages and general damages. Special damages are those damages for which – at least to some degree – an objective dollar value can be determined. This includes categories such as medical expenses and loss of earnings. Special damages have a fixed value based on actual monetary losses associated with the plaintiff’s injuries. In contrast, general damages are inherently speculative and cannot be fixed with mathematical certainty. General damages consist of categories such as pain and suffering, and mental anguish. They also may include an award for scarring or disfigurement. Because people’s opinions vary widely regarding the dollar value of such items, awards for general damages can be inconsistent from case to case, although they generally fall within a certain range. While an award that is…Read More
Whether a New Orleans property owner is legally responsible for an injury caused by a dangerous condition on his or her property is governed under Louisiana’s premises liability laws. Under these laws, the degree of care the property owner owes to an individual on the property varies depending upon the person’s reason being there. As a result, why an injured person was on the property can be instrumental in determining whether a personal injury lawsuit may be successfully pursued. Louisiana law broadly divides individuals who may be on property into three categories: invitees, licensees and trespassers. Each of these categories is owed a different level of care by the property owner. An invitee is a person who has been invited onto the property. This category usually includes business patrons, who are considered to have been implicitly invited onto the property. Property owners owe the highest duty of care to invitees…Read More
Most New Orleans personal injury lawsuits involve a question of who was negligent. Negligence in a personal injury case means conduct that falls below the standard of care required to protect others (or yourself) from the unreasonable risk of harm. In cases where more than one party caused the accident or an injured person acted in a way that contributed to his own injuries, the comparative negligence of the parties may be a factor in the case. Comparative negligence – also called comparative fault – refers to the degree of negligence engaged in by each of the parties, including the injured person, that led to the injured person being harmed. Under prior Louisiana law, any comparative negligence by an injured person often barred recovery of any damages. Louisiana changed this law in 1979 and further modified it in 1996. The current law allows an injured person to recover at least…Read More
