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Lafayette Personal Injury Law Blog

What are my remedies if I am injured in a boating accident?

Boating is a pastime Louisiana residents engage in as a method of unwinding. With the calm blue water and slight waves rocking a boat, those fortunate enough to be near the water often find themselves going out on a boat as the weather improves. With relaxing and enjoyment comes alcohol and with alcohol comes an increased chance of a recreational boating accident.

Just like driving while under the influence of alcohol is prohibited in the state, operating a vessel is also considered illegal. This means if someone's blood alcohol concentration level is 0.08 percent or more, they are going to be considered intoxicated if they are over the age of 21 and if they are under the age of 21, anything over 0.02 percent is going to be considered against the law. The law doesn't just look to the operator of the vessel to act responsible, it also requires that the owner or operator of a vessel not knowingly allow someone who is intoxicated or under the influence of drugs to operate the vessel. Additionally, if someone's driving license has been revoked because of a DUI, then their boating privileges are considered to have suffered the same fate.

Understand the application of strict liability law to dog bites

Louisiana residents may be aware that in most cases, to recover compensation from someone who has wronged them, negligence must be proven. This means that it must be proven that there was a duty owed from the negligent person to the injured one, and this duty was breached and that the injury was a result of this cause. However, negligence is not the only doctrine under which compensation is possible-it is possible to hold one accountable through other legal principles, such as strict liability.

When is pursuing an action under strict liability, also known as absolute liability, it means they do not have to prove intent or fault in order to receive compensation. That means it does not matter that the person accused of causing an injury was not acting in bad faith or even took precautions. When someone is injured by another's actions, it does not matter whether the other person did not intend to injure them. Strict liability law recognizes that, and in Louisiana one can find this type of liability with regards to accountability for animal attacks.

Is it common for objects to be left behind in surgery?

Surgeries are oftentimes high-pressure situations and most of the medical professionals involved in the procedures are experiencing some form of stress or the other. If a medical emergency takes place during the surgery, the ensuing chaos can be disastrous if the surgical team does not remain on top of the situation, so it is unfortunate that this ends up being one of the common reasons equipment is left behind in patients in surgeries.

Louisiana residents may be shocked to hear that thousands of such incidents take place every year in the country-between 4,500 and 6,000 incidents of foreign objects being left behind in patients take place annually. These objects include sponges, towels, scissors, tweezers and forceps. Sponges are even more common as they blend into a patient's body when soaked in blood during surgery. Tools are most often left inside abdomens and chest cavities.

IVC medical device linked to injury and death

Typically, medical devices undergo extensive safety testing before manufacturers release them into the market. This process weeds out harmful devices and saves the lives of many. Unfortunately, from time to time, the Food and Drug Administration approves a device that can cause harm.

Once reports of a faulty medical device begin to appear, the manufacturer has a duty to warn the public of the dangers, and in many cases, patients and doctors must cease the use of the item because of the risk. If injured people suffer damages because of the known dangers of a faulty medical device, the manufacturer may be held accountable for those losses. One such problematic device is the IVC blood clot filter.  

Truck crashes into school bus, injuring a number of students

Being aware of changing road conditions is just one of the signs of a responsible and careful driver. Another important aspect of being a good driver is being aware of traffic laws, including those relating to speed limits and stopping near school buses. These laws are enacted for the safety of the children onboard, as they are usually getting on or off the bus at bus stops, and keeping a safe distance behind them ensures everyone's well-being. When someone does not adhere to these rules, catastrophic accidents can be the result.

A number of students were injured when a pickup truck hit a school bus in Louisiana recently. According to the authorities, the bus was bringing students home and had come to a stop to allow students to get off the bus. At this time, a pickup truck crashed into the back of the bus, resulting in injuries for the bus driver and also of a number of students. An investigation is underway into the crash and it is uncertain if the truck driver will face any charges.

Stages of a personal injury lawsuit

As discussed previously on this blog, when a Louisiana resident is injured in a car accident, they may be able to recover compensation from the negligent driver who caused the crash through a civil suit. The idea of going through a trial may seem overwhelming to many struggling to come to terms with their injuries, but an experienced attorney may be able to guide them through the process by explaining the stages of the trial to them.

One of the most important stages of the trial is the discovery process-each side reveals relevant facts and documents to the other side prior to the trial taking place. These documents can help experienced attorneys prepare a comprehensive case for receiving much deserved compensation. Discovery can be written, document production or through depositions.

Who can I sue in a medical malpractice suit?

When one walks into a hospital in Louisiana and greets nurses, doctors and surgeons, they are most likely to assume that they are all employees of the hospital. However, this is not the case in most situations-many healthcare providers are considered independent contractors in the eyes of the law and not hospital employees. When and why does this matter? It is important because it affects liability in medical malpractice cases.

Medical malpractice revolves around fault and the medical professional who was at fault. The question though is: who can be sued in this claim? The obvious answer seems to be hospitals, either directly for their own negligence or vicariously through their employees.

Helping you take action following medical malpractice

When we are ill or injured, we are quick to rely on modern medicine to assist us. Individuals in Louisiana and elsewhere have much faith and trust in medical professionals, and for a good reason. They are educated, trained and skilled at diagnosing and treating patients. Nonetheless, doctors, surgeons and nurses are humans and subject to human errors. This means a mistake could happen during diagnosis, treatment or a surgery, causing a patient to suffer a new or a worsened condition.

Discovering that your current pain and suffering was due to a medical error is tough to rationalize. It can also make it difficult for you to entrust you current condition to another medical professional. At Tauzin & Lorio, Attorneys at Law, our legal team is well versed in medical malpractice laws, helping past clients understand their situation and take action to recover damages.

Animal attacks and kills one in Louisiana

When someone is injured, they most likely need to get medical treatment for it and this treatment can end up getting very costly. When someone else causes the injury, it might be possible to hold them accountable through various legal mechanisms and receive compensation for their injuries.

Dog bites fall under premises liability laws. This means that an owner in Louisiana can be held accountable for a dog bite if the owner could have prevented the injury and the injured person did nothing to provoke the dog prior to the bite. The applicable laws and liability may be relevant for family members of a woman who died after a dog bit her in a Louisiana pet hotel.

Fight back against distracted driving accidents

Now more than ever, it is important for drivers to pay attention out on the roads. An increase in technology has led individuals in cars to have access to cell phones, apps, tv screens, GPS devices and more. Many vehicles have screens installed with programs that can take a driver's attention away even more so than in the past.

With all this technology, and everyone on their smart phones, you may find yourself injured in a motor vehicle accident. You can always do your part to remain alert and inform yourself of the dangers, but you can't always count on other drivers to pay attention. Many times, a distracted driving accident will lead only to a fender-bender, but other times, the implications of inattentive driving are deadly.

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Tauzin & Lorio, Attorneys at Law
1228 Camellia Blvd.
Suite A
Lafayette, LA 70508

Toll Free: 866-585-9292
Phone: 337-988-7588
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