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Lafayette Personal Injury Law Blog

Lousiana doctors may use Zofran for head injuries; at what cost?

In pediatric emergency departments in Louisiana and across the country, there are often children admitted with head injuries. If your child suffers an injury, his or her symptoms may include nausea or vomiting. In many cases, doctors will prescribe Zofran to help alleviate such discomfort.

You have a right to reasonably expect that, if an emergency room physician prescribes a medication, he or she has done an extensive medical examination and has determined, according to accepted safety standards, that it is safe and recommended to use the medication in question to treat whatever ailment exists. With Zofran, doctors typically use it for severe nausea or gastroenteritis. If your child has a head injury and feels ill, treating with Zofran might not be the best idea. 

Stripping away the vagueness of premises liability claims

When most Louisiana residents hear the term "premises liability," they probably think that it is just legal jargon. While it is true that this term has a specialized meaning in the legal realm, the vagueness of the claim doesn't need to intimidate people who may have a valid claim under this particular area of the law. Stripping away some of that vagueness may help Louisiana residents understand how premises liability law may apply in their situation.

In short, the term "premises liability" refers to an area of the law in which a person who is injured on another party's property may hold the property owner responsible. Most people will probably think of so-called "slip and fall" cases, which is indeed a form of a premises liability claim. But, there are many other circumstances in which Louisiana residents may have a valid premises liability claim.

Even two alcoholic drinks can lead to a car accident

The Fourth of July is quickly approaching, and people in Lafayette may already be making plans to celebrate Independence Day. Many of these people will decide to celebrate with friends and family, where they will eat, set of fireworks and in many cases have a beer or two. After all, drinking is a common activity at any summertime party.

Many people who have a couple of drinks at a party may think there is no danger in driving home afterwards. However, even consuming two drinks can impair a person's ability to drive. This could lead to car accidents that injure or kill other motorists.

When does federal law apply to recreational boating accidents?

Boating is a popular recreational activity in Louisiana, both in state waterways and off the state shores in the Gulf of Mexico. However, just like people can drive recklessly or negligently, people can operate a boat recklessly or negligently. For example, a boater may be speeding, intoxicated or distracted, leading to a recreational boating accident. While many people understand that car accidents can lead to personal injury lawsuits brought under state law, they may be surprised to hear that sometimes boating accidents fall under federal maritime law.

For a lawsuit based on a recreational boating accident to be filed under federal maritime law, rather than state personal injury law, the incident must meet both a "locality" test as well as a two-prong "nexus" test. Part of this test is determining whether the injury took place on "navigable waterways."

You're focused, but a nearby Louisana driver might be distracted

Can you relate to Louisiana travelers who say they feel like they're lives are on the line every time they get behind the wheel to drive? It's understandable, as high-speed highways, increased amounts of traffic and distracted drivers make roadways downright dangerous at times. When you drive, you're legally obligated to adhere to traffic laws and safety regulations. Every other motorist is equally obliged. However, there's no guarantee the drivers you share the road with are going to obey the law.

You wouldn't be the only one in Louisiana to admit that you have been distracted at the wheel at some point in your driving career. A roadside scene or incident taking place between children in the back seat can cause you to take your eyes off the road for a split second. Unfortunately, that's all it takes for a collision to occur. Chronic distracted driving is a serious problem in this state and most others. You're at great risk for injury if a distracted driver is nearby.

Shoulder dystocia can be a serious birth trauma

Shoulder dystocia is a complication that can arise during the birth of a baby. While healthy babies are born each and every day in Louisiana, from time to time, unexpected and even dangerous situations occur where both the lives of the mother and the baby can be put at risk. Shoulder dystocia is just one of those situations.

Shoulder dystocia happens when one or both of a baby's shoulders get caught in their mother's pelvis during delivery. As a result of this problem, a doctor may have to assist the mother in delivering the child, and this can lead to a number of complications. If the doctor waits too long, the baby may suffer oxygen deprivation. Depending on how stuck they are, the baby may also suffer broken bones, nerve damage, and other physical harm.

Are Louisianans responsible for injuries in their backyard pool?

Summer is here, and that means more people in Louisiana will be spending time in their backyard pools. Whether it is simply having the neighborhood children over for a swim or whether a homeowner is hosting a pool party for people of all ages, it is important to remember that swimming pools present hazards. A person could fall on a slippery pool deck, injure themselves in a diving accident or even drown. When accidents like this happen, the victims or their families may wonder if the homeowner can be held liable in a premises liability claim.

Private pool owners are liable for injuries others suffer in their pool, even if the pool owner is present and supervising the activity. For example, pool owners need to ensure they do not provide their guests with too much alcohol and they must ensure the pool conditions are safe and in good repair. However, if it can be shown that the pool owner was negligent in some way, a private pool owner can be held responsible for accidents that take place in their pools even if they are not home at the time and did not invite the accident victim to use the pool.

The wide range of causes of offshore injuries

Thousands of Louisiana residents are offshore workers. Each day they work hard to earn an income, but at the same time, they probably realize that they face a certain degree of danger each day as well. Injuries for offshore workers are, unfortunately, somewhat common. And that is because there is such a wide range of causes of offshore injuries.

Falling off ladders or falling from heights are some of the most common causes of offshore worker injuries. Working on the water often means that water is everywhere in the workplace for offshore workers. The result? Slippery surfaces that cause many offshore injuries. Falling objects or workers accidentally dropping objects are some of the other common causes of offshore injuries.

Hours-of-service rules intended to prevent truck accidents

Many of our readers in Louisiana are used to seeing large trucks on the roads with them when they are on their daily commute. For the most part, the drivers of these large trucks are paying attention to their jobs and are operating the trucks safely. However, there are always those who are not obeying the rules and regulations for truck drivers, which are intended to prevent truck accidents and keep everyone on the roads safe. Hours-of-service rules, for example, may be violated by truck drivers and, as a result, other drivers and their passengers in Louisiana may be put in danger.

The majority of the larger trucks we see on the road are transporting goods throughout the state and the country. The drivers of these types of trucks are allowed to drive for no more than 11 hours per day, as long as they have had 10 consecutive hours of off-duty time preceding that drive time. There is also the "60/70" hour rule, under which truck drivers are not allowed to drive if they have been on duty for more than 60 hours in a seven-day period, or 70 hours in an eight-day period.

A Louisiana driver who does these things might be drunk

Traveling in Louisiana can range from uneventful to exciting or highly stressful and dangerous. The problem is that you never know which it will be when you get behind the wheel. In fact, it might fluctuate between any or all of these descriptions in a single road trip. All you can do is adhere to traffic laws and safety regulations, and try to remain as alert and prepared to react as possible, in case a problem suddenly arises.

In a perfect world, all motorists would act this way and there would be no accidents. In reality, it's often a very different story. You or your loved one might suffer serious injury because another driver made an irresponsible choice to illegally operate a motor vehicle after consuming alcohol. Surviving a drunk driving collision can devastate lives, not only the actual victim's life but families, as well. It's critical to know where to seek post-accident support if tragedy strikes.

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Tauzin & Lorio, Attorneys at Law
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Lafayette, LA 70508

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