Broussard, David & Moroux, Author at Louisiana Lawyer Blog

Houma Boy Drowns in Swimming Pool

June 3, 2013 | by Broussard, David & Moroux

An 11 year old Houma boy tragically drowned in an apartment complex pool while swimming with other children. The boy was found unresponsive on the bottom of the pool and the Terrebonne Parish Coroner’s Office has ruled the death an accidental drowning.

Swimming pool safety should be an utmost concern to all owners and users of swimming pools, especially when children are swimming. Statistics list accidental drowning as the second leading cause of death among children each year. It is also common for children to suffer submersion-related injuries, slips and falls, and head and back injuries when playing around a swimming pool.

Drunk Driver Crashes into House before Injuring Family of 6 in Separate Accident

May 23, 2013 | by Broussard, David & Moroux

A drunk driver in Gretna crashed through a homeowner’s bedroom before fleeing the scene in his vehicle and injuring a family of six, including four children, in a separate accident just a few moments later. The drunk driver’s blood alcohol content registered .317, nearly four times the legal limit. No one suffered harm as a result of the first accident, but all six family members involved in the second accident suffered injuries and were treated at a local hospital.

Drunk driving remains one of the leading causes of fatal motor vehicle accidents across the nation, and offenders face serious civil penalties for the damages caused by their impaired driving. If you or your loved one suffered harm as a result of a drunk driving accident, you should consult with an experienced attorney to learn about your legal rights.

Lafayette Parish Second in Binge Drinking

May 16, 2013 | by Broussard, David & Moroux

Lafayette recently ranked second in binge drinking in the state. The Lafayette binge drinking rate (binge drinking is defined as five drinks for a man and four drinks for a woman in a single sitting) was 21%. St. James Parish ranked first with a close rate of 25%.

Festivals, football, drive-thru daiquiri shops, a large college student population, a large concentration of offshore workers, and a strong European cultural influence are given as possible reasons for Acadiana’s high binge drinking rate.

Among physical consequences of binge drinking, other consequences such as DWI or an alcohol related motor vehicle accident can occur due to excessive alcohol consumption.

Offshore Workers Most Likely To Die

May 9, 2013 | by Broussard, David & Moroux

A recent Center for Disease Control and Prevention study reveals that oil and gas industry workers are seven times more likely to be killed while working than all other workers in the United Sates. Offshore fatalities from 2003-2010 were used in the study, based on data from the Bureau of Labor Statistics Census of Fatal Occupational Industries.

Transportation accidents were noted as the cause for a high percentage of deaths. Over half of the accidents from 2003-2010 were transportation related. All transportation accidents occurred in the Gulf of Mexico and 49 were helicopter accidents.

Shreveport 18 Wheeler Crash Leaves One Dead

May 2, 2013 | by Broussard, David & Moroux

The collision of two 18-wheelers between Exit 3 and Exit 5 of Interstate 20 in Shreveport leaves one driver dead. According to police, a rig carrying empty water bottles was rear-ended by another 18-wheeler. The second driver did not survive.

Accidents involving 18-wheelers can be especially catastrophic. The average 18-wheeler or tractor-trailer truck is 15 times heavier than the average passenger vehicle. This disparity in size and weight causes devastating injuries, including paralysis, brain trauma, broken bones and debilitating spine and back injuries. These injuries can be permanent, life altering and expensive to treat. If you or a family member suffered a serious injury in a truck accident, you should not hesitate to retain an experienced attorney who will fight for your rights.

Alabama Barge Explosions Injure Many

April 25, 2013 | by Broussard, David & Moroux

Two fuel barges carrying natural gas exploded in Mobile, Alabama. The explosions resulted in the evacuation of a nearby docked cruise ship and critical burns on at least three individuals. The barges, owned by a Houston company, were in Mobile for cleaning and had been carrying natural gasoline.

Accidents on the water, such a boating collisions or other accidents, can cause serious a long-term injuries. Our firm represents clients in Louisiana that have sustained a serious personal injury or lost a loved one because of a boating collision or some other kind of boating accident.

Louisiana Senate Passes Bill Banning Social Media While Driving

April 18, 2013 | by Broussard, David & Moroux

A bill prohibiting the use of social media sites while driving was passed by the Louisiana Senate Wednesday.

The bill by Senator Dale Erdey is designed to further prevent accidents caused by distracted drivers. Louisiana Law currently prohibits drivers from reading or sending text messages while driving. Senate Bill 147 seeks to add the use of Instagram, Twitter, Facebook, and other social media sites to the law.

If you or a loved one was injured in an accident in which a driver was text messaging, you may be able to recover. Contact Broussard, David & Moroux at (337) 233-2323 (local) or (888) 337-2323 (toll free) to find out what legal rights you may have.

Reports show Lafayette “red-light cameras” have reduced accidents

March 15, 2013 | by Broussard, David & Moroux

A recently released report indicates that Lafayette’s “red-light camera” programs have reduced crashes across the city. The report monitored intersections for three years before the cameras were installed and then for three years after the installation of the cameras. By the end of the study, they found that the presence of traffic cameras reduced the number of crashes by 64 percent in the last three years.

Lafayette’s “red-light camera” programs have been controversial since their inception. Many critics have argued that traffic cameras would increase the number of rear-end collisions because drivers would be more likely to slam on their brakes in order to avoid a ticket and fine. However, according to the report, rear-end crashes were also reduced by approximately 80 percent. Overall, this study suggests that “red-light cameras” encourage Lafayette drivers to exercise greater caution at intersections.

Passengers file lawsuits in the weeks after the Triumph disaster

March 8, 2013 | by Broussard, David & Moroux

In the weeks following the Triumph’s return to shore, several passengers have filed lawsuits against Carnival Corporation. In their complaints, passengers allege that Carnival “recklessly and intentionally” risked their lives on board the Triumph. The passengers further allege that Carnival “knew or should have known” that the cruise ship would experience mechanical failure and that it failed to exercise its duty of reasonable care. The passengers are seeking damages for pain and suffering and emotional distress.

The Triumph’s engine caught fire during its voyage in the Gulf of Mexico. The crippled engine left over 3,000 passengers stranded at sea for about five days. Carnival then slowly tugged the ship to shore. Upon reaching shore, several passengers revealed that they were deprived of food, water and access to functioning bathrooms on the ship.

Maritime law governs the claims of passengers who suffer injuries on cruise ships. Most major cruise lines today are registered under the laws of foreign countries. Nevertheless, if a cruise ship departs from a U.S. port, the cruise ship is considered to be a common carrier under the U.S. Shipping Act of 1984. As a common carrier, cruise ships owe a heightened duty of care to their passengers.

Louisiana Second Circuit Defines the Duty of Hospitals in Medical Malpractice Cases

February 13, 2013 | by Broussard, David & Moroux

The Louisiana Second Circuit Court of Appeals clarified the standard of care to be used in medical malpractice cases involving hospitals and their employees. In Crockham v. Thompson, the Second Circuit ruled that hospitals should be held to a national standard of care in actions for medical malpractice. The Second Circuit also found that hospitals are legally responsible for their employees’ negligence, including the negligence of doctors and nurses who are employees of the hospital.

In Louisiana, the Medical Malpractice Act governs patients’ claims for medical malpractice against private health care providers and their facilities. Under this law, a victim’s recovery from a “qualified healthcare provider,” a provider who pays into Louisiana’s Patient Compensation Fund, is capped at $500,000. If a healthcare provider does not contribute to this fund, then the provider does not receive the protection of this cap.

In medical malpractice litigation, a plaintiff bears the burden of proving her case in court. Specifically, a plaintiff must prove that her healthcare provider breached a standard of care. The plaintiff must further prove that this breach caused the injury in question. The standard of care analysis typically asks whether a medical provider exercised the level of skill and knowledge that is comparable to that exercised by members of the profession under similar conditions and circumstances.