Louisiana Lawyer Blog

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.

Sports-Related Brain Injuries On The Rise

April 19, 2012 | by Broussard, David & Moroux

An increase in the number of sports related traumatic brain injuries has many neurological surgeons and families of athletes concerned with the quality of protective gear.

The Brain Injury Resource Center estimates 300,000 traumatic brain injuries a year are sports-related with concussions being the most common. The American Association of Neurological Surgeons declared traumatic brain injuries to be the leading cause of death from sports-related injuries. According to the Association, from 2008 to 2009 the number of traumatic brain injuries in baseball and softball increased by more than a third, from 26,964 to 38,394. Cycling and football top the list with the highest number of brain injuries.

Dr. Jeff Cone, a Texas neurologist, said equipment is safer now than it was a decade ago, but there is still room for improvement in the design of equipment and prevention of traumatic brain injuries.

3 Year Old Louisiana Boy Dies Riding Tricycle

April 12, 2012 | by Broussard, David & Moroux

A three year old boy from Plain Dealing died when he was hit by a car while riding his tricycle. After being pushed off the road and into a ditch, he was pronounced dead at LSU Hospital in Shreveport.

Tragic deaths such as this can be heart-wrenching and devastating experiences for families. In addition to emotional pain from the loss of a loved one, surviving family members can also experience future financial hardship. Under these circumstances, a wrongful death claim may allow injured family members to recover.

Train Kills Gonzales Second Grader

April 5, 2012 | by Broussard, David & Moroux

A 7 year old Gonzales girl was killed when hit by a train earlier this week. The girl was walking home with her older sisters when the accident occurred. She was taken from the scene to St. Elizabeth’s Hospital where she was pronounced dead.

Trains can provide a fast and affordable alternative to travel, but also can tragically cause serious injury or death. Extreme weather, mechanical error, failure to maintain the train or track, and distracted train operators are common contributors to train accidents. The attorneys at Broussard, David & Moroux know how devastating a train accident a train accident can be and the stresses it can put on a family.

A train operator must exercise a high degree of care in transporting passengers, property or goods. If he fails to do so, the train company may be held legally responsible for any injury or damage caused by his negligence. An experienced attorney can assist you in analyzing your legal claims and protecting your legal rights.

Acadiana Drunk Driving Arrests On The Rise

March 29, 2012 | by Broussard, David & Moroux

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.”

Geismar Plant Explosion Releases Toxic Chemicals

March 22, 2012 | by Broussard, David & Moroux

This month, a fire and explosion at the Westlake Chemical Corp. Complex in Geismar resulted in an estimated 15 compounds being released over the Mississippi River in Ascension Parish. Only a few of those compounds, including hydrochloric acid, chlorine, vinyl chloride monomer exceeded the one-hour permit level set by the Department of Environmental Quality.

The cause of the fire is currently being investigated by the Westlake Chemical Corp., Department of Environmental Quality, the U.S. Occupational Safety and Health Administration, and Louisiana State Police. The vinyl chloride monomer plant will likely be unable to open again until May.

There were no injuries, however the incident has prompted responses from environmental groups concerned about the potential harm from exposure to harsh chemicals and civil suits in state district court. PVC facilities, such as this Geismar facility, have been a concern for many years due to the carcinogenic properties of vinyl chloride, even in small quantities. One particular group, Louisiana Environmental Action Network, said “The March 22 fire at the facility is of grave concern to the community because of the toxicity of the particular chemicals released.”

Louisiana School Boards Association Supports Anti-Bullying Bill in Legislature

March 15, 2012 | by Broussard, David & Moroux

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.

BP Oil Spill Settlement Reached

March 8, 2012 | by Broussard, David & Moroux

BP recently reached an estimated $7.8 billion settlement with private individual and business plaintiffs this month. Out of the settlement, the parties agreed to allocate $2.3 billion to claimants from the seafood industry. However this settlement is uncapped and only reflects BP’s estimate of the damages.

A court will actively monitor the process, ensuring that BP pays damages to all legitimate claims including compensation for economic loss and medical claims. However, mystery continues to surround the terms and conditions of the agreement, which is expected to be released mid-April. The court-monitored settlement appears to be replacing the Gulf Coast Claims Facility, which has already paid out an estimated $6 billion in compensation to approximately 221,000 claimants out-of-court.

Some plaintiffs’ lawyers suggest that this transparent approach will ensure that thousands of individuals receive compensation for their injuries. Even more significant, reports indicate that depending on the details of the agreement, thousands of new people across the Gulf Coast may become eligible to receive compensation and care for physical and mental health problems caused by the disaster.

Louisiana lawmaker moves to ban cell phones in vehicles

March 1, 2012 | by Broussard, David & Moroux

State Rep. Austin Badon is continuing his battle to ban all cell phone use while driving in Louisiana. Badon introduced a bill this month that seeks to ban all cell phone use while operating a motor vehicle in the state, with the exception of hands-free devices.

For the past four years, the legislature has consistently struck down similar bills involving cell phone use. But when it comes to distracted driving, the political climate may be changing in the legislature. Last session, the legislature agreed to pass a bill that banned texting while driving, allowing police officers to stop drivers for the sole offense of texting while operating a motor vehicle.

In recent years, electronic distracted driving has been a major cause of motor vehicle accidents and fatalities in the United States. In Louisiana, statistics reveal that distracted driving was a contributing factor in 2,788 motor vehicle accidents in 2011 alone.

Acadiana Area Senator To Tackle DWI Sentencing

February 26, 2012 | by Broussard, David & Moroux

The Governor’s Task Force on DWI and Vehicular Homicide recently suggested that the state require judges to sentence all convicted drunk drivers to some jail time. In light of the upcoming legislative session, Sen. Jonathon Perry now intends to introduce a bill that would mandate jail time for DWI offenders by eliminating a judge’s discretion to reduce DWI sentences.

Sen. Perry believes that the proposed legislation would assist the state in reducing alcohol-related injuries and fatalities. However, critics argue that judges need this discretion to justly sentence some DWI offenders, particularly first-time offenders with no history of substance abuse. Sen. Perry indicated that he may be willing to compromise for first-time offenders.