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New Orleans Personal Injury Law Blog

Injured offshore workers have rights under maritime law

Injured offshore workers should be aware that, depending on the circumstances of their injuries, they may have rights under maritime law. If the injuries are due to another party's negligent acts, a worker may have a case against the other party. It is important for injured workers in Louisiana to hold these parties responsible for their actions.

Not too long ago, we told you about the case of an offshore worker in Louisiana. The man was injured when another crew member on a fishing boat allegedly pulled up on a net, catching the worker's leg and causing injury. The worker sued the boat operator and boat owner. The worker said that his injuries were caused by negligence.

How does the law determine negligence in a car wreck case?

Not too long ago, we mentioned in a blog post that a driver who acts in a negligent manner may be liable for any damages that result from the driver's negligence. How does this work? How does the law determine that someone has driven a car negligently? This blog post will provide a little more information on the topic of negligence, for the benefit of Orleans Parish readers.

Motorists owe a duty of care to others. Among other things, they are expected to keep a proper lookout while driving, to minimize the chances of a car wreck. If the driver was engaging in certain kinds of activities at the time of an injurious car accident, the injured party may argue that the driver breached their duty. These activities could include texting and driving or other activities indicating inattentiveness to the task of driving.

Sleep disorders and the danger of fatigued truck drivers

Truck drivers face enormous pressure to travel long distances in a short amount of time. As a result, truck drivers can face an incentive to work long hours, even when they are so tired that they pose a risk to themselves or other drivers on the road. For this reason, the Federal Motor Carrier Safety Administration and other agencies have rules in place that limit the amount of time truck drivers can be on the road without rest.

Another factor that can lead to dangerously fatigued driving is a sleep disorder. Obstructive sleep apnea is a disorder that will cause disruptions in sleep and lead to fatigue during daylight hours. The American Academy of Sleep Medicine has argued that the absence of a test to determine whether a driver is suffering from sleep apnea can lead to serious injury and fatalities due to a truck crash. The FMCSA, in association with the Federal Railroad Administration issued a notice that the agencies are seeking to change the current rules for drivers to receive tests, evaluations and treatment for the disorder.

Fatal car accident with police car kills elderly woman

When a person heads onto the road in New Orleans, there is the chance that there will be a car crash. In the most unfortunate circumstances, these accidents can result in a fatality. With any fatal accident, the family left behind will have to come to terms with the loss of a loved one in an emotional, practical and financial manner. This can be difficult. This is why when a fatal car accident occurs, those who are left behind need to be fully aware of their rights to seek compensation through a wrongful death legal filing.

Indeed, an accident in Marrero between a 2011 Ford Crown Victoria and a sheriff's cruiser resulted in the death of the 72-year-old female driver of the Ford. The accident happened as the officer was heading toward the scene of a burglary. According to the investigation, the woman was making a turn at an intersection when the crash occurred. The deputy had turned off the overhead lights on his vehicle as he had been informed that the suspects in the burglary had left the scene. The officer was also injured with a broken leg and cuts. It is not known at what speed the officer was traveling.

Louisiana woman brings lawsuit for design defects

This blog recently discussed the dangers of design defects for consumers who use a variety of products each day. A Louisiana woman recently brought a lawsuit for damages associated with a roll-out cart and alleged design defects. The woman brought the claim against the manufacturer of the roll-out cart and is accusing the manufacturer of design defects and a failure to warn of potential hazards associated with the use of the cart. The woman also alleges that the manufacturer of the cart violated the Louisiana Products Liability Act.

The lawsuit results from the woman tripping and falling, suffering severe injuries, while rolling the cart out at her home. She asserts that the manufacturer failed to design and manufacture a safe roll-out cart and failed to provide adequate warnings for a consumer moving the cart. The woman asserts in her lawsuit that she suffered lost wages, medical expenses, disabling and painful injuries, as well as a loss of enjoyment of life as a result of the manufacturer's failure to safely design the product or provide adequate warnings for its safe use.

Design defects in products can cause serious injury

Orleans Parish residents should be aware that they have rights that stem from product liability law. Whenever a person is injured from a defect in a consumer item, that person may have a claim against one or more parties based on product liability law and other areas of law. Here we will provide some quick information about one kind of defect that could give rise to product liability: design defect.

In a defect design product liability case, the plaintiff claims that a defect in the design of the consumer item is responsible for the injury suffered. Sadly, many dangerous products have been offered to consumers over the years where the danger is inherent in the design of the product. Even if the product was not manufactured improperly or marketed improperly, defendants could be liable for the defective design.

How are damages calculated in a wrongful death case?

Many families in Louisiana have had their lives shattered by fatal accidents. A fatal car accident, a fatal offshore accident or other kind of accident can have devastating effects and can leave survivors wondering where to turn. A wrongful death lawsuit is one method used by families in an effort to seek compensation for loss. The question inevitably arises: How much compensation might survivors be able to recover? This blog post will offer a brief answer to this question.

The main measure of damages in most wrongful death cases is financial injury, also called pecuniary injury. These damages may include loss of support, loss of parental guidance and funeral expenses. Factors that could be considered when computing financial damages include earning capacity, health and intelligence, life expectancy and the circumstances of the benefiting survivors. The amount of financial damages is often computed by a jury, and a judge may adjust the damages upward or downward as the judge deems appropriate. Plaintiffs and defendants may present expert testimony where an expert provides an opinion as to how the damages should be computed.

New Orleans victims of truck accidents have options

Most truck drivers who ply the streets and highways of New Orleans are trained professionals who operate in a safe manner. Unfortunately, some are not, and even those who are sometimes screw up and cause an 18-wheeler accident with injuries or worse. Do injured parties have any recourse when their injuries are caused by a negligent truck driver?

Our legal system provides remedies to those who are legally found to be the victims of the devastation that can sometimes happen due to truck driver neglect. Truck drivers are required to obey all traffic laws and to keep a proper lookout while driving. If they fail to do this, and an injurious or deadly accident results, the driver, the truck company and other parties could be found liable in a court of law.

Determining fault and liability for an auto accident

Car accidents are a persistent problem in Orleans Parish and the United States generally. The lives of many people have been changed by car wrecks. Sometimes the effects are limited to property damage and minor injuries. Other times, however, victims may experience catastrophic effects from head injury, spinal cord injury and other kinds of injury. Regardless of the impacts, our legal system will assign fault for the accident. How is fault determined for an auto accident? How is the question of legal liability answered for injuries suffered in an accident?

For starters, if one party is determined to have violated a motor vehicle statute at around the time of an accident, it could result in that party being assigned much of the fault. For example, if one party exceeded the speed limit prior to rear-ending another vehicle, the speeder may be assigned a good deal of the blame. This finding of fault could be lessened, however, if the other driver was also committing a moving violation, such as operating without functioning brake lights. The exact finding of fault will depend on the specific facts of each case.

Injured floor hand brings claim for damages in Louisiana

This blog recently discussed admiralty and maritime law and its purposes and applicability. A floor hand on a drilling ship is seeking damages in Louisiana for injuries he sustained to his back. The floor hand recently brought a claim for negligence against his employer for the injuries he suffered. The floor hand asserts in his lawsuit that the Jones Act applies to him. The man is seeking damages for his injuries.

The lawsuit accuses the companies that employed the man of negligence for requiring him to work in dangerous conditions and failing to provide him with proper equipment to complete the work pulling slips.