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Louisiana Personal Injury Blog

What is the Duty of a Hotel to Protect its Guests?

March 14, 2017

With stories in the news about celebrities being robbed or unknowingly captured on video in their hotel rooms, you may wonder – What is the duty of a hotel to protect its guests from theft or harm? While generally a person has no legal duty to protect another from the criminal acts of a third […]

Tipping Points: A Manufacturer’s Duty to Produce Safe Products

February 7, 2017

Is the recall of 29 million dressers, a $50 million settlement, and $250,000 in donations to hospitals and charities enough? That’s the question three families and furniture manufacturer/distributer IKEA are left to reflect upon in the wake of a two day mediation to settle the wrongful death claims for three young boys, all just two […]

The Dangers of E-Cigarettes – Burn Injuries

January 18, 2017

E-Cigarettes have become very popular as an alternative to smoking. Sales have grown rapidly since they became available in 2007. While the health effects of the vapor and the danger of nicotine overdose are still the subject of ongoing review by various agencies, there are some other important facts about the safety of these electronic […]

Will a doctor lose his or her license if found at fault in a medical malpractice case?

December 14, 2016

Just because a court finds that a doctor committed medical malpractice, this does not mean the doctor will lose his or her medical license. Actually, in the vast majority of cases where the doctor is found to be guilty of malpractice, the doctor does not lose their license. An article published by the Times-Picayune stated […]

Fear Not: Utilizing Mediation as an Alternative to Litigation

November 29, 2016

Fear of the unknown is a powerful and paralyzing force. To many people, the legal system is an enigma that contains countless unknowns. Understandably, there can be a lot of fear and anxiety involved when one is thrust into a position that requires them to navigate the complex legal system. This fear can be compounded […]

How does the cap on Louisiana medical malpractice cases affect your case?

October 28, 2016

 In Louisiana, the total amount recoverable for medical malpractice claims for injures to or death of a patient, not counting future medical care and related benefits shall not exceed $500,000, plus judicial interest. This means that the highest judgment one can receive against a doctor or other healthcare provider for an injury received from substandard care […]

How Long Does It Take For a Personal Injury Claim To Settle Or Go To Court?

October 4, 2016

The time it takes before you receive a settlement from a personal injury or time it takes for your case goes to trial will depend on several factors like what type of case you are involved in and the facts surrounding your case. For instance, in an auto accident case, factors like the type of […]

Deepwater Horizon Economic and Property Damages Settlement Program Overview

September 29, 2016

Claims Program Update Program begins to accept claims June 2012. First eligibility notices issued July 15, 2012 First payment issued July 31, 2012 Current Statistics Total number of claims – 386,107 Eligibility notices issued – 152,010 Denial notices issued – 141,648 Eligibility notice total amount – $9,210,663,464 Total payments – $8,635,700,617 (Data pulled from website […]

LESSONS FROM KATRINA

September 2, 2016

The lessons learned as a result of Hurricane Katrina were both practical and educational.  The biggest lesson was, by far, that, as individuals, businesses, lawyers and law makers, we were unprepared for any major catastrophe.  Individually and as businesses we failed to document our assets properly.  We failed to have the proper insurance that covered […]

Why It’s a Good Idea to Consult an Attorney in an Auto Accident Case

August 31, 2016

After you are involved in an auto accident, it is important to contact an attorney as soon as possible. Initially, an experienced personal injury attorney can give you a lot of information about your case, including how and when to proceed. Acting fast is very important because in Louisiana, accidents are usually subject to a […]

Louisiana Flood Insurance Tips

August 16, 2016

The recent flooding in south Louisiana brought back bad memories for a lot of folks. The widespread loss and devastation we see now is eerily similar to what we saw in the aftermath of Hurricane Katrina. Hurricane Katrina taught us some valuable lessons about coming back from a natural disaster. We learned about flood insurance […]

Teen Drivers and Safety

August 2, 2016

Teen drivers have special needs on the road – and while they may have had good training and have gained some experience, they lack the years that adult drivers have to make split decisions. Parents may invest a good deal of time finding a car with a five star safety rating for their teens, send […]

Do Increased Speed Limits Lead to More Accidents?

July 26, 2016

Throughout the country, speed limits are increasing. From highways to city streets, drivers are getting the luxury of getting to their destination a little faster.  In one instance, there was an article in Time magazine that highlighted the issue of speed traps – or those stretches of road that were prone to attracting speed tickets – in the […]

personal injury claims Five Common Myths About Personal Injury Cases

July 12, 2016

Each day, there are hundreds of people injured across the United States – some suffering from serious, long-term injuries. If you are injured due to someone’s negligence or fault, you may be entitled to compensation by making a personal injury claim. While you may be compensated for the injuries you sustain, including your medical bills […]

Medical Malpractice Understanding “Never Events” and a Medical Malpractice Claim

July 4, 2016

New Orleans, LA Hospital Medical Negligence Lawyers Hospitals in Louisiana and their staff are under increased pressure to avoid “never events.” These events have often serious outcomes that should never happen but inevitably do. The name of these events can be misleading, especially because they are becoming increasingly common in hospitals, doctors’ offices, and clinics […]

How to Value the Loss of Earning Capacity Claim

June 24, 2016

New Orleans, LA Loss of Earning Capacity Lawyer Loss of earning capacity – or diminished earning capacity – is serious, and common among personal injury claims. Those suffering from serious or catastrophic injuries are often affected by their injuries for the rest of their lives. Because of those injuries, they may be unable to return […]

truck accident FMCSA Seeks to Curb Fatigued Truck Driving with Electronic Logs

April 29, 2016

New Orleans, LA Truck Driver Fatigue Related Accidents Lawyer Last month, the truck driver accused of crashing into a limo van carrying comedian Tracy Morgan and his driver pled not guilty to charges of vehicular homicide and aggravated assault in connection with the well-publicized trucking accident. Federal investigators have suggested that the truck driver had […]

personal injury The Truth About Insurance Companies and Personal Injury Claims

April 15, 2016

Contrary to the ads we see on television where insurance companies portray themselves as always being there when you need them, the experience of many accident victims today is quite different. What Has Changed? In the past, an insurance company’s claim department had only one concern – to determine what you are entitled to receive […]

offshore injury The Single Biggest Mistake You Can Make When Injured Offshore

March 31, 2016

New Orleans, LA Offshore Injury Lawyer What you do (or don’t do) after you are injured in an offshore accident will ultimately determine whether or not you are treated fairly in your claim for compensation. All too often, those injured in maritime accidents make the same mistake that hurts their claim for compensation more than […]

maximum medical improvement What is Maximum Medical Improvement?

March 29, 2016

If you have been seriously injured in an accident, a quick settlement is rarely in your best interest. In most cases, you should not settle until your doctor says that you have reached Maximum Medical Improvement (MMI). In fact, the American Medical Association’s Guides to Evaluating Permanent Impairment, which are guidelines that many doctors use […]

personal injury What is My Personal Injury Case Worth?

March 24, 2016

When you are injured due to the negligence of another, you have the right to pursue a personal injury case to seek compensation for your injuries and financial losses. How much your case is worth will depend on several different factors: The amount of damages you suffer, both economic and non-economic; How clearly liability can […]

class action lawsuit Understanding Class Action Lawsuits

March 22, 2016

Most people have heard of class action lawsuits, but few really know what they are. Class action lawsuits can be very complicated, but this article will give you a basic explanation of how they work and what purpose they serve. What is a Class Action Lawsuit? At times, several people are injured by the same […]

monetary value How do Insurance Companies Create a Monetary Value for Injuries?

March 17, 2016

When you suffer injuries due to the fault of another, one of the first things you should do, after seeking medical attention, is determine whether or not you should bring suit against the person(s) responsible. To do this, you will need some idea of what your personal injury case is worth. If you stand to […]

personal injury claims Step-by-Step Guide to Filing a Personal Injury Claim

March 15, 2016

If you’ve been injured in an accident, then you may need to file a personal injury claim to receive compensatory damages from the person or entity responsible for the accident. However, if you’ve never filed a personal injury claim before, then it may seem overly complicated. And if you have previously filed a personal injury […]

car accident deposition What to Expect from the Deposition in Your Car Accident Case

March 10, 2016

New Orleans, LA Car Accident Injury Lawyer A plaintiff in an automobile accident case can usually count on being required to be present at three specific proceedings associated with their case. These are, in the order that they will be expected to appear, the deposition, the mediation and (if the mediation delivers no settlement) the […]

settlement Choosing the Right Settlement Disbursement Option

March 8, 2016

More and more personal injury plaintiffs are choosing structured settlements in order to be compensated for the harm and losses they have suffered. But how can you know if a structured settlement or lump sum disbursement is right for you? Below you can learn several things to consider when choosing the right settlement disbursement option […]

New Orleans Personal Injury Attorneys - Herman Herman & Katz, LLC Evaluation of Pain and Suffering Claims

February 26, 2016

Most of us know what “pain and suffering” is, but what does it mean, exactly, from a legal perspective? And how is pain and suffering quantified and calculated for the purposes of a personal injury claim? Types of Pain and Suffering For determining damages in personal injury claims, there are two types of pain and […]

New Orleans Car Accident Attorneys - Herman Herman & Katz, LLC How Car Passengers Can Obtain Compensation after an Accident

February 19, 2016

New Orleans, LA Car Accident Compensation Lawyer Car accidents, even minor ones, are unsettling and tend to shake one’s confidence in the world. This may be particularly true for passengers who are injured in an auto collision. Fortunately, passengers who have been injured because of another party’s negligent driving behavior hold the right to pursue […]

New Orleans Personal Injury Attorneys - Herman Herman & Katz, LLC Is It Possible to File a Personal Injury Lawsuit if I Don’t Know Who Is Responsible?

February 16, 2016

Most people filing civil lawsuits know whom they are suing. However, in some situations, there may be multiple potentially responsible parties, or the identity of the party who caused your injuries may not yet be known. If that happens, you can still sue for damages by naming a “John Doe” or “Jane Doe” defendant in […]

New Orleans Medical Malpractice Attorneys - Herman Herman & Katz, LLC Hospital Sanitation and Cleaning Policies – a Lingering Problem

February 12, 2016

New Orleans, LA Healthcare Associated Infections Lawyer Healthcare Associated Infections, also known as Hospital Acquired Infections (HAIs), are a major problem in the U.S., primarily due to inadequate hospital cleaning and sanitation policies and procedures. The need for better hospital cleaning and disinfection methods is widely recognized in the industry and vital to the safety […]

New Orleans Truck Accident Attorneys - Herman Herman & Katz, LLC What Is That Tractor-Trailer Beside You Hauling? You May Not Want To Know.

February 9, 2016

New Orleans, LA Tractor-Trailor Accident Injury Lawyer Large commercial trucks present sufficient hazards to other motorists all on their own, without factoring in the dangerous cargoes they carry. Anyone who has been involved in or witnessed a serious commercial truck accident knows how much damage an 80,000 lb. 18-wheeler can cause in a collision with […]

New Orleans Wrongful Death Attorneys - Herman Herman & Katz, LLC When to File a Wrongful Death Lawsuit in Louisiana

February 5, 2016

New Orleans, LA Wrongful Death Lawyer If you have lost a loved one because of someone else’s wrongdoing or negligence, no lawsuit could ever bring your loved one back, and no amount of money can ever compensate you for your loss. However, you can hold the responsible parties accountable and seek justice for your loved […]

New Orleans Class Action Lawsuit Attorneys - Herman Herman & Katz, LLC How Corporations Are Trying to Undermine Class Action Lawsuits – and Losing

February 2, 2016

Class action lawsuits provide a means for the “little guy” to fight back against unfair practices of large corporations. However, as a deterrent, many companies are including arbitration clauses in agreements that consumers are required to sign, effectively forcing them to settle all disputes in arbitration and eliminating the possibility of recourse through class action […]

New Orleans Dangerous Products Attorneys - Herman Herman & Katz, LLC What Constitutes a Dangerous Product?

January 29, 2016

New Orleans, LA Dangerous Product Injury Lawyer Dangerous products fall under products liability. This refers to the liability of all parties along the chain of manufacturing that are associated with a product or the damage of a product. This liability can extend to manufacturers of components, an assembler, the wholesaler and the retail store that […]

New Orleans Xarelto Lawsuit Attorneys - Herman Herman & Katz, LLC What is the Xarelto Lawsuit?

January 26, 2016

Xarelto (also known as rivaroxaban) is a newer blood thinning medication that was approved in 2011 for consumer use. It was manufactured by the pharmaceutical company Bayer and then marketed locally by Janssen Pharmaceuticals (a subsidiary of Johnson & Johnson). While it had promising results, there was one dangerous side effect: those that take it […]

New Orleans Employer's Negligence Attorneys - Herman Herman & Katz, LLC Workplace Deaths at Their Highest Since 2008

January 22, 2016

New Orleans, LA Lawyer Serving Families of Fatal Work Accidents Workplace accidents are tragic. No one expects to not come home after arriving to work for the day. Whether it is a child, spouse or parent, the loss of a loved one is unimaginable. When that death is caused by an employer’s or employee’s negligence, […]

New Orleans Accident Attorneys - Herman Herman & Katz, LLC What Happens If You Are Injured by an Uber Driver?

January 19, 2016

New Orleans, LA Uber Driver Accident Injury Lawyer Uber and Lyft companies were given privileges to pick up fares in New Orleans after the City Council voted for approval. Just like other cities that have allowed these ride-sharing services, the decision was not without some controversy. One of the biggest oppositional groups is that of […]

New Orleans Accident Attorneys - Herman Herman & Katz, LLC Car Accidents and Pedestrians – What to do Immediately After an Accident

January 15, 2016

New Orleans, LA Car/Pedestrian Accident and Injury Lawyer Being involved in an accident with a pedestrian is extremely scary. Both parties may be unaware of what they are supposed to do or even how to handle the situation. According to the National Highway Traffic Safety Administration, there are over 60,000 pedestrian accidents in 2006. If […]

New Orleans Distracted Driver Accident Attorneys - Herman Herman & Katz, LLC How to Prevent Distractions While Driving

January 12, 2016

New Orleans, LA Distracted Driver Accident and Injury Lawyer Most distractions behind the wheel are avoidable, while others are hard to predict or prevent. As a driver, it is your responsibility to remain active and engaged with the task ahead – not your phone, the radio or passengers in your car. If you want to […]

New Orleans Motor Vehicle Accident Attorneys - Herman Herman & Katz, LLC Traffic Deaths Increase by 14 Percent for 2015

January 8, 2016

New Orleans, LA Traffic Death Lawyer There are a lot of trends in the United States, but one trend that no one is celebrating is the fact that traffic fatalities have risen by 14 percent so far in 2015. If this trend continues, 2015 will be the deadliest year for drivers since 2007. This data […]

New Orleans Offshore Injury Attorneys - Herman Herman & Katz, LLC Common Offshore Injuries and How to Avoid Them

January 5, 2016

Legal Experience for Offshore Accidents and Injuries in New Orleans A career in the offshore/maritime field is one of the most dangerous fields anyone could enter. There are daily hazards on these job sites, and unfortunately, there are frequent injuries among offshore workers. Most of these injuries could be avoided if workers and employers observed […]

New Orleans Car Accident Attorneys - Herman Herman & Katz, LLC Car Accidents and Pedestrians – What to do Immediately After an Accident

December 16, 2015

Being involved in an accident with a pedestrian is extremely scary. Both parties may be unaware of what they are supposed to do or even how to handle the situation. According to the National Highway Traffic Safety Administration, there are over 60,000 pedestrian accidents in 2006. If a pedestrian is struck by a vehicle going […]

Stories From The Storm – Pastor Rogers, an HH&K Client

August 28, 2015

Pastor Barbara Rogers wasn’t running a mega-church in New Orleans on Franklin Avenue. One Way Deliverance was a “small ministry that did big things in the community.” The church focused their efforts on helping those in need where disparities were prevalent in the community. The church started a food bank that fed 500 people in need […]

Tales from the Storm, HH&K Staff Member

August 7, 2015

The Saturday before Katrina, I evacuated to Houston, with my three-year-old son, my mother, a dog, a bird and whatever few personal items I could fit into my car.  My brother and his girlfriend followed behind.  From our hotel room, we watched CNN constantly and saw our city get devastated by the flood waters. New […]

New FDA Rules on Generic Drug Labeling Expected in September

June 17, 2015

Since the United States Supreme Court’s 2011 decision in Pliva, Inc., et al v. Mensing, people injured by generic forms of harmful drugs have been left without recourse against generic drug manufacturers for failures to warn about their drugs’ harmful side-effects. In Mensing, the Supreme Court held that federal law preempted state law requiring drug […]

24 Miles of Fog: Proceed with Caution

May 13, 2015

When fog rolls over the Lake Pontchartrain Causeway, driving can become a nightmare. You can make it less of a risky drive by taking simple precautions, and ensuring your safe arrival on the other side of the bridge. About the Bridge Originally built in 1956, with a second span added in 1969, the Lake Pontchartrain […]

Offshore Workers Injured in Pemex Explosion

April 7, 2015

Nearly five years ago, the night sky above the Gulf of Mexico lit up ablaze as thirteen BP workers lost their lives in the Deepwater Horizon explosion. Despite the promises made by oil companies that they learned from the BP oil spill and their denials of putting profits over the safety of their employees, the […]

Trabajadores Petroleros Heridos en la Explosión Pemex

El cielo se encendió en llamas sobre el Golfo de Méjico cuando trece trabajadores de BP perdieron sus vidas en una explosión de la Plataforma Deepwater Horizon hace casi cinco años. Las compañías petroleras nos aseguraron que aprendieron del derrame de petróleo de BP y prometieron que jamás pondrían sus ganancias sobre la seguridad de […]

US Experts Agree: Spill Caused “Severe” and “Serious” Environmental and Economic Damage

January 26, 2015

After four days of testimony, the United States (“US”) wrapped up its case in chief against BPXP regarding the imposition of Clean Water Act (“CWA”) civil fines and penalties in connection with the massive BP Oil Spill. US expert testimony concluded on Friday, January 23, 2014. During its case, the US focused on the impact […]

BP Trial Phase 3 Penalty Phase

January 22, 2015

As the final Phase (Phase 3 Penalty Phase) of the BP Trial began, the Court set its sights on finally deciding BP’s total civil fine monetary amount. The United States Government is asking for the Court to assess the maximum civil penalty available under the Clean Water Act (“CWA”). BP, relying upon its after-the-fact and oftentimes maligned […]

The Vices of Consent in Louisiana Contracts

January 12, 2015

In Louisiana, a contract is defined as an agreement between two or more parties by which certain obligations are created. The four requirements of a valid contract are (1) capacity, (2) consent, (3) lawful cause, and (4) lawful object. When one of these requirements is at issue to determine whether a valid contract has been […]

Under Pressure: Products Liability in Louisiana

December 23, 2014

On April 15, 2013, during the 117th Boston Marathon, two deranged and disillusioned individuals set off two “improvised explosive devices” (“IED”) near the Boylston street finish line. These misguided sociopaths made them using easily procurable items: black powder, nails, and bearing balls and, most importantly, a pressure cooker. Of course, when we hear the term […]

Technology – Fitbit Data Used as Evidence

December 11, 2014

As is typically the case, the advent of new technology brings new opportunities and new challenges in the civil justice system. Just as Twitter, Facebook and other social media have created interesting legal issues for litigants, so too now are Fitbit and other wearable self-tracking devices. With the dawn of this new fitness tracking technology, […]

DOTD Strikes Back: Construction on a Highway

November 13, 2014

While the Department of Transportation and Development (“DOTD”) has a duty to maintain highways and shoulders, the standard of care required for a highway under construction is somewhat less than that of a highway not under construction. Courts have long recognized the necessity of highway construction work and that hazards will regularly exist during the […]

Leading Cause of Accidental Injury and Death in Louisiana

October 22, 2014

The leading causes of accidental injury and death in Louisiana are car accidents. According to Louisiana State University, there were approximately 620 fatal car wrecks in 2013. Orleans Parish ranked #1 with 44 deaths. East Baton Rouge Parish had 37 and Lafayette Parish had 34 deaths. There were 43,886 car wrecks in Louisiana that resulted […]

Evolving Opinions – Recent Surveys Show that a Growing Number of Americans Support Marijuana Legalization

October 19, 2014

It was not so long ago that open support for the legalization of marijuana was not very popular in the United States. It now seems as though that tide is changing, and changing quickly. Based upon a recent survey, it appears that more and more American adults continue to support the legalization of marijuana in […]

The Do’s and Don’t of Tailgating

October 18, 2014

Tailgating has become a age old tradition linked to sporting events in which several individuals gather before an event to eat, drink and socialize while supporting their favorite team. Over the years the idea of tailgating has transformed from simply cooking small items on an outdoor barbeque to now you will find tailgaters equipped with […]

Hit & Run Accidents

October 17, 2014

According to Louisiana law (LA RS 14:100), a “hit and run” is defined as the “intentional failure of the driver of a vehicle involved in or causing any accident, to stop such vehicle at the scene of the accident, to give his identity, and to render reasonable aid”. If you are involved in a car […]

Playground Safety

October 15, 2014

Now that school is back in full gear and large groups of children will be frequenting the school yard playground, it is important for us to be reminded of some basic playground safety tips. According to the National Safety Council (NSC), every year more than 200,000 children are treated in emergency rooms as a result […]

School Bus & Bus Stop Safety

October 14, 2014

The kids are back in school, therefore, now is better than ever for a refresher in bus stop and bus riding safety. Every year an abundance of children suffer injuries, sometimes severe or even fatal, at bus stops or from getting on and off of the school bus, all of which could be prevented. A […]

Potential Salmonella Contamination in Peanut Butter Leads to Recall

October 12, 2014

According to the U.S. Food and Drug Administration (FDA), on August 19, 2014, nSpired Natural Foods, Inc. voluntarily recalled certain retail lots of Arrowhead Mills® Peanut Butters, MaraNatha® Almond Butters and Peanut Butters, and specific private label nut butters (listed below) packaged in glass and plastic jars because they have the potential to be contaminated […]

How Did the FDA Approve a Toothpaste that Contained an Ingredient Linked to Cancer-Cell Growth?

October 11, 2014

 Triclosan – it is the antibacterial ingredient in Colgate’s Total toothpaste. Colgate’s Total is the only toothpaste approved for sale in the United States that contains triclosan. Millions of Americans are putting it in their mouths daily.   Total is the No. 3 selling toothpaste in the United States. Its sales were $189.8 million last year. […]

U.S. Tax Court Judge Diane L. Kroupa Sets the Bar for Whistleblowers’ Protection

October 10, 2014

In 2012, Tax Court Rule 345 was adopted to allow tax whistleblowers to remain anonymous. The whistleblower must file a motion with the Court that provides specific facts which support the request to proceed anonymously. The motion itself and subsequent filings are temporarily sealed until the Court rules on the motion. The whistleblower must show […]

Louisiana Joins 38 Other States in Banning the Sale of E-Cigarettes to Minors

October 5, 2014

Although we have all been taught that smoking cigarettes is harmful to our health, more than 40 million Americans are smokers. Cigarettes can damage every single organ in your body and according to the Center for Disease Control, smoking-related illnesses are responsible for one out of every five deaths in the United States. In recent […]

Brand-Name Drug Manufacturers May Be Held Liable for Generic Drug Injuries in Alabama

October 4, 2014

In August 2014, the Alabama Supreme Court found in favor of the plaintiff, holding that a brand-name drug manufacturer may be held liable if it makes misrepresentations about the drug where the patient’s doctor relies on those misrepresentations, even when the patient uses the generic equivalent of the drug produced by a different manufacturer. In […]

Are Generic Drug Manufacturers Moving Too Slowly to Updated Safety Info?

October 3, 2014

The United States Supreme Court is being asked to answer this question by Teva Pharmaceuticals and other makers of the generic version of the drug Fosamax. The name-brand drug, Fosamax, manufactured by Merck, and its generic counter parts, are used in the treatment of osteoporosis. Merck updated the labeling on Fosamax in 2010, and again […]

Computer Online Reviews May Lead to Defamation Lawsuits

October 1, 2014

The internet provides a seemingly limitless forum for consumers to voice their complaints and warn others about their negative experiences with professionals, businesses and service providers. But, be careful about what you post. When online rants go to far, posters may find themselves defending against defamation lawsuits. That is precisely what happened to Justin Hamel […]

Loss Of Consortium – A Brief Explanation

September 30, 2014

In a recent meeting, a client, whose spouse was injured, asked the simple question: “What is consortium and who may bring this legal claim?” Consortium is a Latin word that means “partnership”, “association” or “society”. In the realm of torts, consortium is the right of association and companionship with one’s spouse and/or family. It follows […]

Don’t Be A Victim Drunk Driving This Football Season

September 29, 2014

New Orleans is a city that likes to have a good time. With a slew of parties, festivals and events seemingly every weekend, New Orleanians need no excuse to live life to the fullest with good food, friends, and a tasty (sometimes alcoholic) beverage. With that said, as football season gears up, expect more drunk […]

New Orleans Residential Renters

September 28, 2014

It’s no secret that the New Orleans residential rental market is furiously competitive. From university students to working professionals of all ages, the New Orleans market is simply unlike most other rental markets. Though most renters are able to live out the term of their lease with little conflict with their landlord, there are occasions […]

Bicycle Safety in New Orleans – Following the Rules of the Road

September 27, 2014

This summer and fall, we’ll see an abundance of bicyclists on the streets of New Orleans. According to the Regional Planning Commission, spikes in gas prices, the economic stagnation and efforts to cut down on pollution have led many people to opt for less expensive forms of transportation. For a city in which 18% of […]

Warranty of Redhibition – Louisiana’s Strange Lemon Law

September 26, 2014

So you purchased your dream house or vehicle in Louisiana. After signing a mountain of paperwork, most of which contains boilerplate standard sales language you don’t understand, you take possession of your property. Later, however, you discover that your property contains a defect or vice that significantly reduces its value or requires costly repairs. Knowing […]

Liebeck v. McDonalds – A Look Back at one of the Most Misunderstood Lawsuits in American History

September 25, 2014

We’ve all heard about it. More than 22 years ago, Stella Liebeck spilled scorching hot coffee on her lap and sued McDonald’s. The aftermath was a swarm of mostly negative media attention and a public that was quick to judge, crying out against this seemingly frivolous personal injury lawsuit. Unfortunately, most of the true details […]

Dog Bites – Knowing the Law as a Dog Owner or Injured Victim

September 24, 2014

New Orleans is a dog-friendly city, and we locals unabashedly and publicly display our love for man’s best friend. Dog owners throughout Louisiana love to take their canines to traditional locations, such as the city streets, parks or dedicated dog parks. However, most people in New Orleans won’t find it strange to see a dog […]

Duty to Mitigate: Adding Up the Damages

September 21, 2014

During the pendency of a claim or lawsuit, an injured party also has a duty, a duty to mitigate his or her damages. The scope of this duty varies from case to case but, generally, as set out by the Louisiana Supreme Court, a party is not required to take actions which would likely prove […]

Negligent Security: Business Owners & the Foreseeability of Crime in New Orleans

September 20, 2014

Louisiana courts have adopted a duty-risk analysis in determining whether liability exists in a tort case. Namely, a plaintiff must prove that (1) the defendant owed a duty of care; (2) the defendant failed to conform to the duty; (3) the defendant’s conduct was a cause-in-fact of the plaintiff’s injuries; (4) the defendant’s conduct was […]

Louisiana’s Lemon Law: Redhibitory Defects

September 17, 2014

Houses, cars, and heavy equipment. None are immune from redhibitory defects. Redhibitory defects are vices hidden from the buyer and which render the thing useless, or its use so inconvenient that it must be presumed that a buyer would not have bought the thing had he known of the defect or when, without rendering the […]

The Collateral Source Rule

September 16, 2014

Due to an accident or injury, an injured plaintiff may receive benefits from their insurance company or some other 3rd party, independent source. If the Plaintiff receives funds from these sources in compensation for his injuries, does the tortfeasor defendant benefit from these payments in reducing the amount owed to plaintiff for the injuries? In […]

Allocating Fault in a Louisiana Courtroom

September 15, 2014

A defendant is not always 100% at fault for an accident. Given the circumstances, a third party or even the plaintiff themselves could bear some of the responsibility for the accident or injury. A judge or jury in a Louisiana courtroom is responsible for apportioning the fault between the parties. While a difficult task, the fact […]

Pedestrians and Crosswalks: Know Your Rights

September 14, 2014

One of the most dangerous things that people do every day is cross the road.  About 30% of all pedestrian fatalities are related to improper crossing of the roadway at an intersection or crosswalk.  Of the pedestrian fatalities at intersections, over 40% are at intersections with no markings.  Because of the dangers of accidents and […]

The Causes and Effects of Rollover Car Crashes

September 13, 2014

A rollover is a type of vehicle accident in which a vehicle tips over onto its side or roof.  Rollover accidents are complex crashes that are often extremely violent.  According to the U.S. Department of Transportation, rollover crashes account for nearly 33% of all deaths from passenger vehicle accidents, even though only about 2.1% of all passenger vehicle accidents […]

Sending a Message: “Texting and Driving Don’t Mix”

September 12, 2014

Hundreds of thousands of people are injured every year in automobile crashes that are caused by distracted driving.   According to the National Highway Transportation Safety Administration, in 2012 alone, 421,000 people were hurt in distracted driving types of accidents.   “Distraction” has been determined to be a factor in 12 percent of vehicle crashes in 2004. […]

Be Careful What you “Like” For: Forced Arbitration is on the Rise

September 10, 2014

According to a recent article by the New York Times, food companies hare adding language to their websites that giving consumers an alert that they give up their right to sue the company if they download coupons, join it in online communities such as Facebook, enter company sponsored contests, or interact with the company in […]

Master of the Universe

September 9, 2014

Sometimes litigants literally shoot for the stars in the suits they file. Sylvio Langevin, a Quebec man, brought the mother of all frivolous lawsuits, when in early 2012 he filed suit in the Canadian courts seeking ownership of the Earth, the other planets in the solar system and at least four moons (orbiting Jupiter). In […]

Why Tort Reform Is a Bad Idea

September 8, 2014

There is a lot of noise around the concept of “Tort Reform”. But what is tort reform, really? Those who advocate for tort reform use the concept of limiting frivolous lawsuits and protecting medical providers from high insurance premiums, among other things. However, what tort reformers want is to limit a plaintiff’s access to the […]

The Obamacare Lawsuit

September 7, 2014

As you may know, on a pure party-line vote, the House of Representatives voted to sue President Obama over the enforcement of the Affordable Care Act, otherwise known as Obamacare. This vote raises two questions: (1) What is the suit about?; and (2) What is the legal authority to do so? There have been numerous […]

U.S. Chamber Sides with Foreign Oil Company over Its Own Members / Refuses to Make Appropriate Disclosures

September 5, 2014

On a day when the United States District Court finds BP guilty of gross negligence, reckless disregard, and willful misconduct, the U.S. Chamber of Commerce submits an amicus brief to the U.S. Supreme Court, siding with the foreign oil giant over its own business members and Local Chamber of Commerce affiliates.   The Chamber tells the Court […]

What to Expect after Filing Suit and Before Trial Begins?

September 4, 2014

Sometimes it is necessary to file suit to recover on a claim for an injury. This is a quick look at what happens after you file suit, so you know what to expect. First, it is important to remember that each lawsuit has its own lifespan.   The duration of a suit depends on a number […]

What Does the Pre-Litigation Process Look Like?

September 3, 2014

When you are injured in an accident, the first (non-medical) step towards recovery may involve a decision to contact an attorney to assist you with asserting a claim and advocating on your behalf. What happens then? The life of a claim goes through several phases between injury and resolution. The important thing to understand, is […]

Children Left in Hot Cars During the Summer

September 1, 2014

Recently there has been an increase in incidents with children being left in sweltering hot vehicles. These incidents occur most common when the child is being transported out of the normal routine. For example, the mother usually takes the child to daycare but on this particular day the father is taking the child or maybe […]

Blood Alcohol Concentration While Operating a Vehicle in Louisiana

August 31, 2014

Blood Alcohol Concentration (BAC) is a measure of how much alcohol is in someone’s bloodstream. Law Enforcement has several means of determining the level of someone’s intoxication, however, the BAC is the most accurate measurement of someone’s alcohol impairment. In Louisiana, it is illegal to operate a motor vehicle at or above .08 BAC. The […]

Check Fraud Makes a Comeback – Protecting Yourself

August 30, 2014

According to the study by the payments company ACI Worldwide and the Aite Group research firm, the U.S. ties with India as the country with the third-highest card fraud rate over the last five years. However, while cyber crimes like credit card data theft and identify theft may make the headlines, old-school scams are returning. […]

Insurance Policy Annual Check-Up

August 29, 2014

It is imperative to review your business insurance policy with your agent/broker on an annual basis. Here are some areas you should concentrate on, but they are by no means all inclusive. You should get your agent to confirm important areas of coverage for your business. COVERAGE What are your policy limits? What is covered? […]

Breach of Contract

August 28, 2014

Breach of contract is one of the most common causes actions in commercial lawsuits. In Louisiana, the majority of contracts, whether oral or written, between two parties end when the parties fulfill their obligations under the contract. However, it is not uncommon for one side to fail to fully fulfill his or her part of […]

Why Your “Sole Proprietorship” May Be Putting Your Personal Assets in Danger

August 26, 2014

Many small business owners in south Louisiana, and particularly New Orleans, are formed as sole proprietorships. Under this form of business, there is no separate entity or legal distinction between the business and the person. Sole proprietorships are abundant in south Louisiana because they are easy to form, have low start up costs, have no […]

Youth and Traumatic Brain Injuries

August 25, 2014

A traumatic brain injury is a disruption in the normal functioning of the brain due to a bump, blow, jolt or penetrating head injury. Approximately 1.7 million people suffer a traumatic brain injury annually. 52,000 people are also estimated to die as a result of traumatic brain injuries. Most concerning is the fact that the […]

Louisiana Partnerships (General and Limited)

August 24, 2014

In Louisiana, a partnership is an entity created by written or oral contract between two or more legal persons for the purpose of combining their efforts/resources for a common profit or commercial benefit. Because a partnership agreement in Louisiana can be oral, there is no filing requirement with the state. Nonetheless, an agreement between the […]

Painkillers In The NFL – Profit over Health

August 23, 2014

On May 20, 2014 a lawsuit was filed in federal court in California by retired players against the National Football League (NFL) claiming that team physicians and trainers illegally provided powerful narcotics and other controlled substances to players on game day to mask pain and keep them on the field. The general theory of the […]

What Management Designation is Preferable For Your LLC?

August 22, 2014

Great. Business is booming in New Orleans, you have decided to start a new business or convert an existing one and have determined that a Louisiana limited liability company (“LLC”) is the best entity formation for the business and its owner(s). But in the midst of drafting the Articles of Incorporation for your LLC, you […]

Personal Injury Victims Entitled To Punitive Damages In Drunk Driving Car Accident Cases

August 21, 2014

Louisiana provides two types of compensation for a person injured in a car accident by a drunk driver – compensatory damages and punitive damages. Compensatory damages are awarded to make a car accident victim whole and put them back in the same position as they were before they suffered an injury. Punitive damages are a […]