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…
Louisiana Lawyer Blog
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…
Louisiana Car Crash with Uninsured Motorist? : Are you covered
Uninsured Motorist (UM) insurance permits its holder to recover in an automobile accident if the party who caused the collision is underinsured or uninsured. A plaintiff may receive UM benefits in several ways. If you are in an accident in your vehicle with an uninsured motorist, you may receive UM…
Deepwater Horizon update
The United States Department of Justice filed suit December 15, 2010 seeking civil penalties and billions of dollars in fines against BP and its eight partnering companies over the Deepwater Horizon Gulf Oil Spill. The Government’s civil claims arise under the Clean Water Act and the Oil Pollution Act. The…
Drunk driving damages
In Louisiana, a plaintiff may only recover exemplary damages if expressly authorized by Louisiana law. Exemplary damages are more commonly referred to as punitive damages and are imposed on a defendant in addition to general and compensatory damages. Louisiana Civil Code article 2315.4 expressly permits victims of drunk driving to…
Injured Offshore Worker Awarded $3M in Settlement
Offshore worker employed by flare boom installer suffered injuries after the flare boom he was working on collapsed sending him falling 110 feet from a jack-up rig into the Gulf of Mexico. Discovery revealed that jack-up rig welder ignored installation instructions of the flare boom company and improperly welded the…