Louisiana Lawyer Blog

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.

Barge Strikes Mississippi River Railroad Bridge

February 6, 2013 | by Broussard, David & Moroux

A barge carrying more than 80,000 gallons of oil hit a railroad bridge Sunday near Vicksburg, spilling oil into the Mississippi River. A second barge was also damaged following the accident. No injuries were reported, and authorities are investigating the cause of the accident.

By its very nature, maritime work is one of the most dangerous industries in America. Statistically speaking, almost all maritime workers will suffer a work-related injury or illness at some point in their careers. In fact, in the United States alone, about 5,000 maritime accidents occur each year.

Federal maritime law recognizes these inherent dangers in the maritime industry and seeks to protect workers who suffer injuries or illnesses at sea. The most important statutes under federal maritime law are the Jones Act, the Longshore and Harbor Workers’ Compensation Act and the Death on the High Seas Act. Depending on which statute applies to a worker’s case, the statute may create a right to obtain specific benefits or automatic compensation. Under the Jones Act and the Death on the High Seas Act, a seaman or a worker’s family may also file a civil action in court against the worker’s employer or the vessel owner.

NYC Ferry Crash Victims Seek Millions in Damages

January 30, 2013 | by Broussard, David & Moroux

In the weeks following the tragic New York City ferry crash, survivors and their families have filed lawsuits against the ferry’s operator under maritime law. More than 70 people were injured in the accident, and several victims remain in intensive care. A new National Transportation Safety Board report details the shocking minutes leading up to the crash.

The plaintiffs include the family of a Wall Street broker who suffered serious injuries in the accident. The family sued the operator for $45 million in damages for his injuries. Other lawsuits have been filed on behalf of a victim who remains unconscious, a victim who suffered a spinal fracture and a victim who suffered a fractured skull. The ferry operator moved to limit its total liability under federal maritime law to $7.6 million, the estimated total value of the damaged vessel.

The Jones Act provides for specific rights to those who qualify for seaman status. However, the Jones Act is not the exclusive means of recovery for individuals who suffer an injury at sea. People like passengers on ferries and cruise ships, who do not qualify for seaman status under the Jones Act, must resort to general maritime law for relief. Although there is no statutory basis for general maritime law claims, many of these claims give vessel passengers the right to recover damages for their injuries under common law theories of liability.

Toyota Motors Agrees to $1.1 billion settlement

January 15, 2013 | by Broussard, David & Moroux

Toyota will pay $1.1 billion to settle a class-action lawsuit brought by millions of car owners. In the suit, car owners alleged they suffered economic loss from negative publicity associated with reports of sudden unintended acceleration in their Toyota and Lexus vehicles.

This lawsuit is one of the first class action suits of its kind because the class did not pursue personal injury or products liability claims. This settlement agreement will affect 16 million owners of Toyota and Lexus cars. The news of Toyota’s willingness to pay this large settlement on economic claims alone may also be a good predictor of Toyota’s intent to settle any personal injury or products liability claims in the future.

Before joining a class action lawsuit, it is important to consider several factors relating to your participation in the suit. A primary benefit of class action litigation is that it can reduce litigation expenses for the individual. In a class action lawsuit, several people share the costs of litigation. Bringing a class action lawsuit can also be a more efficient use of court resources and can ease proof of a defendant’s liability.