Articles Posted in Uncategorized

18-wheelers on the Bonnet Carre Spillway, causing both trucks to overturn. The first accident occurred when the truck driver swerved out of the motorist’s way to avoid a head-on collision. The second accident occurred only a few miles later when the impaired driver’s SUV struck the other 18-wheeler head-on. Fortunately, no fatalities were reported, but all drivers involved in the accidents suffered minor injuries. The impaired SUV driver was charged with DWI and other offenses.

Continue Reading ›

A worker at the Home Furniture Distribution Center in Lafayette was killed after he was struck by a piece of heavy equipment. The man was standing on a loading platform when the equipment fell on him, causing major injuries. He was transported to the Lafayette General Medical Center where he was pronounced dead at the scene. According to the Occupational Safety and Health Administration (OSHA), this is the twenty-first death resulting from a workplace accident this year and the third to occur in the Lafayette area. An investigation of the accident is underway.

Employers are obligated to maintain a safe working environment to prevent injuries or deaths from occurring in the workplace. This includes making sure that equipment is safe and secure, employees are properly trained, and hazard-free work conditions are maintained at every hour of the day. These safety standards are heightened when the work environment involves the constant use of heavy equipment or machinery. An employer’s negligence to preserve safe working conditions could lead to liability for damages resulting from a workplace accident. If you have suffered an injury in the workplace, you should immediately consult with a skilled personal injury attorney who can adequately assess your situation and protect your rights.

Continue Reading ›

A multi-vehicle crash in Duson sent ten hospital patients back to the hospital when the van they were occupying was rear-ended by another vehicle, causing the van to collide with a truck stopped in front of it. The ten passengers were treated at a nearby hospital for minor injuries and the motorist that caused the multi-vehicle accident was cited for careless operation.

Continue Reading ›

Lafayette Parish has been among the top three parishes in Louisiana for alcohol-related crashes, and was one of 10 pilot parishes to receive money from the state Department of Health and Hospitals to reduce such accidents.

In 2009, The Knowledge Effect (previously the Lafayette Coalition to Prevent Substance Abuse), a coalition to fight drunk driving, received a $1.3 million dollar grant to increase DWI patrols and boost the number of DWI arrests in Lafayette Parish.

According to a report issued by the coalition, the drunk driving arrests in Lafayette has risen from 211 in 2007 to 1,144 in 2011, and a decrease in alcohol-related fatal wrecks in Lafayette Parish from 24 in 2007 and 2008 to 16 in 2009 and 11 in 2010.

Lafayette Police Chief Jim Craft wrote that “the program’s all-inclusive approach to every aspect of alcohol use has been very effective and contributed to the decreased number of deaths from alcohol- related accidents in Lafayette.”

Continue Reading ›

The Louisiana School Boards Association passed a resolution in unanimous support for the Bullying Prevention Act of 2012, an anti-school bullying bill before the state legislature this session. The bill purports to make schools safer by providing a means for students to directly report instances of violence to school administrators and school board officials.

Almost one third of all students ages 12 to 18 report being bullied in U.S. schools. In the tragic event that bullying leads to serious injury or suicide, the victim or victim’s family may have legal rights under state tort law. Negligence law can be used to hold a school legally responsible for a bullying injury if the school failed to adequately supervise or protect the students. Intentional tort claims can also arise against a school and bully when a student suffers an intentional injury at school.

In addition to state law, Title IX of the Federal Education Amendments of 1972 is a federal law that gives a student the right to sue her school district if the student suffered severe, pervasive, and objectively offensive sexual harassment while at a federally funded school and if the school administrator knew of the harassment and ignored it.

This month a former worker sued the Lafayette Housing Authority for back wages, claiming that she was wrongfully terminated in violation of her employment contract. This lawsuit marks the fourth lawsuit against the organization by former contract workers. As of now, two lawsuits have been settled for a total of $40,000.

In Louisiana, most employees are at-will employees. This designation means that an employer can terminate an employee for any lawful reason, with or without cause. Nevertheless, an action for wrongful termination arises if an employer fires an employee in violation of a protected legal right.

An employee’s legal rights may arise by contract or by operation of law. For example, if an employee has a contract with an employer, termination in violation of the contract could violate the employee’s contractual legal rights and give rise to a wrongful termination claim. As another illustration, if an employer fires an employee on the basis of race, color, sex, religion, or national origin, an employer may be in violation of federal and state employment discrimination statutes.

Continue Reading ›

The Louisiana Supreme Court recently ruled that a plaintiff bringing a legal malpractice suit does not need to first appeal his original case prior to filing a legal malpractice suit against his attorney. The Court also stated that expert testimony is not always required to prove a legal malpractice claim in the state. The Court’s holding simplifies the process of bringing a legal malpractice claim and eases a plaintiff’s burden in proving the claim.

In MB Industries, LLC v. CNA Insurance Company, the plaintiff sued its attorney after its attorney handed over their documents without first copying them during document production. These actions caused an adverse outcome in the plaintiff’s case. The Court found that a reasonable jury would find this situation to be negligence under any standard of care, and for this reason, the case required no expert testimony to prove the claim. However, the Court ultimately decided that the plaintiff failed to meet its burden of proof in the case.

Legal malpractice occurs when an attorney handles a lawsuit with negligence. The legal profession imposes various ethical and professional duties on lawyers. To prove attorney negligence, the plaintiff must prove that the attorney’s conduct fell below a reasonable standard of care expected from lawyers and that this breach of care caused the plaintiff to lose his case and suffer financial harm.

To prove legal malpractice cases, Louisiana courts utilize a “case within a case” approach, which can make legal malpractice claims notoriously difficult to prove. To prove causation, the plaintiff needs to prove that his underlying case would have been successful, but for his attorney’s negligence. In other words, a Court must determine that the plaintiff would have clearly won his underlying case to proceed with his legal malpractice lawsuit.

Continue Reading ›

Social media can be helpful tool to connect to family, friends and colleagues. However, with sites such as Facebook boasting 750 million users, pictures and posts on social media sites can easily become evidence utilized to destroy a case. Most recently, attorneys have turned to Facebook for evidence in family law and workers compensation cases, where evidentiary rules can be more relaxed.

Facebook has various features that can threaten a plaintiff’s case. For example, “wall” comments or published photos might paint a different picture than the plaintiff’s contentions in the litigation. Additionally, status updates include dates and times that can wholly contradict a plaintiff’s claims about the magnitude of an injury.

Though attorneys need to overcome significant evidentiary hurdles to utilize social media as evidence, litigants should still be cautious in posting any information online. If you or a loved one plan to bring a personal injury lawsuit, it is important to pay close attention to your digital footprint. Because privacy settings are unreliable, you should consider temporarily deactivating your Facebook account until litigation ends.

Continue Reading ›

A Florida couple stood trial this month, facing third degree murder and manslaughter charges after their starved pet python tragically killed their toddler. In addition to criminal charges, many states, including Florida, have laws that impose strict liability on owners of exotic animals that seriously injure or kill.

Strict liability means legal responsibility for damage regardless of fault. In Louisiana, Civil Code Article 2321 governs liability with respect to wild animals and ordinary household pets. Article 2321 states that “the owner of an animal is answerable for the damage caused by the animal” but requires a showing that the owner “knew or should have known that his animal’s behavior caused the damage.” The article, however, excludes owners of dogs, stating dog owners are strictly liable for injuries caused by their dogs.

Continue Reading ›

The Louisiana House of Representatives blocked House Bill 112, a bill purporting to provide a definition of “bullying” among school students. This bill sought to define prohibited acts under Louisiana’s current anti-bullying law. The bill stated that a bullying gesture must be motivated by “an actual or perceived characteristic, such as race, color, religion, ancestry, national origin, sexual orientation, gender . . . mental disability, or physical disability.” The sexual orientation provision drove most of the debate.

Louisiana has various laws providing protection from bullying. Louisiana law currently requires schools in certain parishes to implement policies that prohibit harassment and discrimination among students. In 2010, Louisiana enacted a statute criminalizing cyber-bullying. Louisiana’s cyber-bullying law criminalizes the “transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment or intimidate a person under the age of 18.” The law applies to both adults and children. Bullies who are 17 and older may be fined a maximum of 500 dollars and sentenced to prison for up to six months. Children, on the other hand, must undergo counseling.

Continue Reading ›