The U.S. Department of Interior recently released a report showing the results of a federal investigation of the Deepwater Horizon blowout preventer (BOP). The Department of Interior hired a team of forensic experts to salvage the BOP from the gulf floor and to study the cause of its malfunction. According…
Louisiana Lawyer Blog
Williamson v. Mazda –Recent Supreme Court Seatbelt Holding Opens New Doors for Products Liability Plaintiffs
In Williamson v. Mazda, the Supreme Court ruled that a deceased woman’s relatives could sue her vehicle’s manufacturer for failing to install lap-and-shoulder belts, even though the manufacturer had complied with all relevant federal safety regulations. The decedent, Mrs. Williamson, was killed while riding in the backseat of a Mazda…
EPA’s Cost-Cutting Boiler Regulations Pose Obstacles to Toxic Tort Litigants
The Environmental Protection Agency recently scaled back its environmental rules for incinerators and boilers. Under the new regulations, companies using industrial boilers and incinerators will now spend less to prevent air pollution. According to The New York Times, companies operating large boilers that burn renewable fuels would not be required…
Slip and Fall Injuries: What must you prove?
Slip and falls are a leading cause of injury today in the United States. If an individual slips and falls in a public place and suffers an injury due to the fall, he may have legal rights. Slip and fall cases hinge upon whether the owner of the property had…
Lake Charles Offshore Accident Raises Questions about Safety Standards and Offshore Workers’ Rights
In light of a recent tragic offshore accident near Lake Charles, oilfield vessel operators need to be held responsible for their failure to provide safe working conditions to employees. According to The Daily Advertiser, federal authorities believe that the fatal accident occurred when an offshore worker fell while transferring from…
Punitive Damages for Maritime Claims
Across the nation, courts are divided on the issue of whether punitive damages should be awarded in admiralty cases. While some courts have found punitive damages to be in unavailable in admiralty, some courts remain willing to award punitive damages under certain circumstances in a limited number of cases. With…
Louisiana Evidence: Expert Witnesses
If you are hurt, an expert witnesses may play an important role in your case In personal injury cases, lawyers may hire expert witnesses to provide an expert opinion based on his professional knowledge and expertise. In a plaintiff’s claim for personal injuries caused by an automobile collision, for instance,…
LAFAYETTE ATTORNEY BLAKE R. DAVID TAKES ON DRUNK DRIVING AND WINS $29M FOR VICTIMS
A St. Charles Parish Louisiana jury sent a strong and unprecedented message to Veolia Water North America, LLC and its intoxicated driver Rodney Gonzales, by awarding $25,000,000 in punitive damages to the victims and their families of a drunk driving accident. After 8 days of trial, the jury found the…
Louisiana Drunk Driving Accidents
Authorities are cracking down on drunk driving across the nation and in Louisiana . In 2009, the National Highway Transportation and Safety Administration (NHTSA) recorded the lowest number of drunk-driving fatalities nationally in nearly a half a century . In 2009, 10,839 people were killed in alcohol-related collisions. For statistical…
Whose Fault Was It: Comparative or Contributory Negligence?
Every accident is different: sometimes many people are responsible for the plaintiff’s injuries; other times, the plaintiff’s fault may have partially caused his injures. Comparative fault and contributory fault are general defenses a defendant may raise in an attempt to reduce the damages a defendant must pay. Contributory fault means…