Defendant's Attorney: New Orleans, Louisiana insurance defense lawyer represented the Defendant.

Description: New Orleans, Louisiana personal injury lawyer represented the Plaintiff who sued the Defendant on a premises liability negligence theory.

This case was filed in the Civil District Court, Orleans Parish, 22-11263, L-6, and was removed to federal court by the Defendants.

Louisiana personal injury negligence law

Navigating Louisiana personal injury negligence law can be complex, but here's a breakdown of the key aspects to help you understand your rights and potential legal options:

Duty of care: Every act causing damage to another creates a duty to repair the damage, which includes negligence as a cause. This means all individuals have a legal obligation to act with reasonable care to avoid foreseeable harm to others.

Elements of negligence: To prove negligence in a personal injury case, you must establish four elements:

Duty: The defendant owed you a duty of care.
Breach of duty: The defendant breached that duty by acting or failing to act in a way that fell below the standard of reasonable care.
Causation: The defendant's breach of duty directly caused your injury (proximate cause).
Damages: You suffered actual, quantifiable damages (e.g., medical expenses, lost wages, pain and suffering) as a result of the injury.

Types of negligence: Louisiana recognizes various types of negligence, including:

Ordinary negligence: The failure to act as a reasonably prudent person would under the circumstances.
Gross negligence: A wanton or reckless disregard for the safety of others.
Medical malpractice: Failure to provide appropriate medical care that falls below the accepted standard of care.

Unique aspects of Louisiana law:

Comparative fault: Louisiana follows a comparative fault system. This means the jury will determine the percentage of fault attributable to each party, and your recoverable damages will be reduced by your own percentage of fault.
Open and obvious dangers: Property owners generally have no duty to warn of open and obvious dangers. However, this rule can be complex and depends on specific circumstances.
One-year statute of limitations: You generally have one year from the date of your injury to file a personal injury lawsuit in Louisiana.

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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