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 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.
Hyperemesis gravidarum, also known as severe vomiting during pregnancy, can be a real pain. Most women expect some form of morning sickness while pregnant, but for others the problem is so severe that they turn to their doctors for help. Doctors and pharmaceutical companies have been promoting the off-label use of an anti-nausea drug called Zofran.
As Black Friday approaches and stores compete with one another to offer the best deals to potential customers, they also end up creating unsafe property conditions where previously none existed. With hundreds of people lining up outside the building, entering at the same time and pushing and shoving to get to the best deal first, the possibility for injuries is very high.
With changing weather upon us in Louisiana, it is important to know what one's obligations are in respect of the property they own or rent-if one fails to take adequate precautions on their property to correct a problem that existed, they could be held liable for the medical expenses or property damage that results from a trip and fall accident. These are some of the most common types of injuries incurred.
When we are invited to someone's house, we have a reasonable expectation that their house is not going to be unsafe and that the owner or tenant would have taken reasonable steps to ensure our safety. This could mean a number of things, such as removing environmental hazards like rain water and ice or alerting the guests as to the broken stairs. It also encompasses another aspect of safety-ensuring one is safe from animal attacks, including dog bites.
Property owners and operators have a responsibility to ensure that areas remain safe for you and other visitors. Though accidents can happen under any circumstances, if an owner or operator fails to address potentially dangerous conditions, you may have cause to take legal action if you suffer injuries as a result of those conditions. This type of scenario falls under the category of premises liability.
As we go about our day-to-day routine, entering and exiting shops and businesses, we never think that the premises we are about to enter as being unsafe. We take it as a given that the person responsible for the upkeep of the building would have ensured that they are maintaining a safe environment. But what happens when they shirk their duty and someone gets injured as a result?
When pursuing a premises liability lawsuit in Louisiana, like most other kinds of civil legal claims, a plaintiff must prove certain legal elements by a preponderance of the evidence before he or she can impose liability. Therefore, it is critical that these individuals fully understand the law that is being applied to their cases. In the premises liability context, this means understanding the legal classifications of those who enter a property, as well as the basic elements of premises liability. However, it also means understanding the applicable standard of care and how it is defined.
Under Louisiana law, property owners owe certain individuals a duty to keep their premises free from dangerous conditions. A store, for example, owes its invitees (its customers) a duty to keep floors reasonably dry and parking lots reasonably free from ice. If these owners fail to do so, then they could be held liable for any damages suffered by a victim who is harmed by the hazardous condition. There are, of course, exceptions to this general rule.