Broussard, David & Moroux, Author at Louisiana Lawyer Blog

Boat Crash Kills One; Intoxication Suspected Cause

June 28, 2012 | by Broussard, David & Moroux

Authorities arrested a boater after his fishing boat crashed into a pontoon boat, tragically killing a 9-year-old boy, injuring three others and leaving one teen missing. Authorities allege the man was intoxicated at the time of the collision. The Georgia Department of Natural Resources charged the man with boating under the influence of alcohol.

Studies suggest alcohol contributes to 34 percent of fatal boat accidents each year. Louisiana’s vehicular homicide penal statute applies to both motor vehicles and watercrafts. State law further carries strict criminal penalties for people who boat under the influence of drugs or alcohol, including hefty fines, driver’s license suspension and imprisonment.

Baton Rouge Benzene Spill Worse than Projected

June 21, 2012 | by Broussard, David & Moroux

ExxonMobil estimates that it accidentally released 28,700 pounds of naphtha at its Baton Rouge site June 14. Naptha contains the hazardous chemical benzene, a carcinogen recognized by the EPA. When ExxonMobil first reported the release to the state Department of Environmental Quality last week, it only reported a 10-pound spill.

Benzene is a hazardous, colorless liquid chemical that is quickly absorbed by the air. Benzene is an ingredient in gasoline, crude oil and cigarette smoke. Short-term inhalation can cause dizziness, headaches, nausea, convulsions and unconsciousness. Long-term inhalation or ingestion can lead to blood disorders and certain cancers.

Mississippi Factory Explosion Raises Questions about Plant Safety

June 14, 2012 | by Broussard, David & Moroux

A steam explosion at a fertilizer factory in Pascagoula, Mississippi last week tragically killed one worker and left two other workers injured. Authorities continue to search for the cause of the accident. This accident marks the second fatal explosion at a plant in this area in a two-week-period.

Factories, chemical plants and refineries pose unique dangers to workers. Because these jobs often involve complex machinery and dangerous chemicals, workplace safety should be an employer’s utmost priority. A workplace explosion or fire can lead to the loss of limbs, back injuries, life-changing burns or death. A serious injury can dramatically affect a worker’s ability to earn a living.

Louisiana Lawmakers To Combat Lead Exposure

June 7, 2012 | by Broussard, David & Moroux

Three bills addressing lead contamination in schools, day care centers and playgrounds passed in the Louisiana Legislature last week. Upon the governor’s signature, Senate Bills 200, 201 and 211 will require new schools, day care centers and playgrounds to be inspected for lead contamination. The inspection results will then be publicly posted online. The bills also require agencies to publicly reveal federal lead contamination standards.

Lead poisoning is more pervasive than we perceive. Before 1978, when Congress outlawed the use of lead in construction, contractors commonly used lead in pipes and paint in homes, buildings and playgrounds. Unfortunately, the harmful effects of lead contamination continue to linger today in our buildings, water, air and soil, often affecting children. In fact, each year in the United States, approximately 310,000 children, ages 1 to 5, are found to have dangerous levels of lead in their blood.

FEMA Contractors Reach a $5 Million Deal in Class Action Trailer Settlement

May 31, 2012 | by Broussard, David & Moroux

Four FEMA contractors agreed to pay $5 million to gulf coast victims in a class action settlement last week. The settlement stems from pooled claims alleging gulf coast residents’ exposure to increased levels of formaldehyde in FEMA trailers after Hurricanes Katrina and Rita. Formaldehyde is a chemical that is a known carcinogen.

The class includes an estimated 60,000 plaintiffs from Louisiana, Texas, Mississippi and Alabama. These plaintiffs claim that their exposure to elevated levels of formaldehyde while living in the trailers caused various breathing problems and cancers. The funds will be distributed upon a U.S. District Court’s finding that the settlement is fair. This hearing will take place Sept. 27.

Elevator Malfunction Injures Woman

May 24, 2012 | by Broussard, David & Moroux

An elevator malfunction at the Chateau Bourbon Wyndham in New Orleans injured a Mississippi woman. When returning to her car in the hotel parking garage, the elevator stopped between the 3rd and 4th floors, trapping Jackson inside. In addition to enduring extreme heat while trapped inside, Ms. Jackson suffered fear, anxiety, and severe emotional distress. She also fell trying to get out of the elevator, causing further injury. Ms. Jackson is now seeking relief in Orleans Parish Civil District Court.

Property owners have a legal responsibility to ensure their premises are reasonably safe for guests and visitors. Premises liability is an area of the law that holds landowners responsible for the injuries of third parties under certain circumstances. In addition to elevator malfunctions, premises liability can arise on both commercial and residential properties and can include slip and fall injuries, parking lot injuries, and foreseeable criminal acts of third parties.

Gulf of Mexico Plane Crash

May 17, 2012 | by Broussard, David & Moroux

A small private plane crashed in the Gulf of Mexico last week, tragically killing the pilot, the sole person on board. While in flight, the pilot became unresponsive to air traffic control. The plane soon began to fly erratically in circles before crashing into the Gulf of Mexico. Investigators are still searching to determine the cause of the accident.

Statistics reveal that private planes are far more dangerous than commercial airlines. Private planes undergo less government regulation than commercial airlines, which can lead to a lack of routine maintenance and mechanical failures. In addition, private plane pilots also undergo less training than commercial pilots. With less training, private pilots are often unable to handle emergency situations and to respond to sudden changes in the weather.

Louisiana lawmakers stall bill offering greater protection to whistleblowers

May 10, 2012 | by Broussard, David & Moroux

Louisiana lawmakers stalled a controversial bill this session that would have provided heightened protection to whistleblowers in the state. House Bill 364, authored by Rep. Walt Leger of New Orleans, purports to broadly prohibit employers in the state from taking any retaliatory action against an employee who blows the whistle on alleged unlawful activity in the workplace.

A whistleblower is a worker who discloses unlawful mismanagement, corruption or illegal activity taking place within the workplace to the government or the public. Typically, the reported activity must be in violation of a local, state or federal law. Many federal statutes offer broad protection to whistleblowers, especially government employees. State laws generally vary in terms of the level of protection offered to whistleblowers in the public and private sector.

Hammond Girl Injured in Dog Attack

May 3, 2012 | by Broussard, David & Moroux

An eight year old Hammond girl was attacked by pit bulls while playing with a friend in late April. She suffered a torn artery in her leg and bites to her neck, legs, arms, and face. She underwent eight hours of surgery following the attack. The dog owners have been arrested while the dogs were taken by animal control for rabies tests.

Animal owners and caretakers have a legal responsibility to control and restrain their pets if an animal has previously bitten a person, attacked a person, or if the animal is predisposed to violent behavior. Louisiana law (La. C.C. art. 2321), holds a dog owner strictly liable for damages for injuries to persons or property caused by the dog and which the owner could have prevented and which did not result from the injured person’s provocation of the dog. Strict liability means that the owner or caretaker is held legally responsible for the damage caused by his animal, regardless of his fault.

Defective Bicycle Frame Cause of Fatal Crash

April 26, 2012 | by Broussard, David & Moroux

A Massachusetts cyclist died in a crash believed to be caused by a defect in the bicycle. Police believe the fork-the portion of the frame that holds the front wheel- separated from the bicycle, causing the crash and killing the father of three.

The fork on the bicycle was the subject of a recall in 2008 by the U.S. Consumer Product Safety Commission. The manufacturers stated the forks were found to crack and break under certain conditions.

As consumers, we expect our products to be safe and free from dangerous defects. Unfortunately, each year thousands of people are seriously injured by defective products. Tragically, some of the most dangerous defective products are baby products and children’s toys. Products liability is an area of law that holds product designers, manufacturers, distributors and sellers responsible for unreasonably dangerous products under certain circumstances.