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Frischhertz Poulliard Frischhertz & Impastato LLC

New Orleans Personal Injury Law Blog

Offshore oil rig accidents result in significant fatalities

Between the years of 2003 and 2010, 128 individuals died in offshore oil and gas operation incidents. This figure divides into an average of 16 deaths during each of the included years. All but one of the fatalities occurred in the Gulf of Mexico, the body of water that New Orleans residents enjoy using for its beaches and water sports. The fatality rate for workers in this incredibly dangerous industry is around seven times higher than the fatality rate of workers in other industries and the work presents individuals with serious dangers that do not exist in other fields of employment.

Many of the oil rig and gas extraction deaths included in these figures occurred because of accidents in transportation; both vessel and helicopter accidents contributed to deaths for workers in this industry. Other deaths result from explosions on rigs such as the Deepwater Horizon explosion in 2010, exposure of workers to equipment or machinery on the rigs, or exposure of workers to dangerous or hazardous substances.

Inadequate warnings can make products deadly

The modern world is replete with conveniences. For example, no longer do New Orleans residents have to wash their clothing by hand - they simply have to throw their shirts and pants into a washing machine with some soap and push a button to have their apparel scrubbed and rinsed as they engage in other activities. There are countless other examples of how consumer products have improved the quality and efficiency of humans' lives and countless ways that people have benefited from the goods they are able to purchase.

However, while many of the products that Louisiana residents can buy from their favorite retailers are safe and straightforward to use, some slip through the cracks of their developers' manufacturing processes and enter the consumer stream with defects and other latent problems. One hidden issue that can cause victims to suffer serious product-related injuries is an inadequate warning that fails to demonstrate a potential hazard a consumer could encounter when using the item.

Driver hits police car, injures child in New Orleans

There are numerous factors that can influence the proper speed for a driver to move their vehicle when operating within the city of New Orleans. For example, a highway may have a speed limit of 55 miles per hour, but if weather conditions are poor, then it may not be safe for a driver to accelerate their automobile up to that pace. Additionally, heavy traffic or obstructions in the road can also require drivers to reduce their speeds, pay close attention to the highways and use care when driving to their destinations.

Recently, a driver on Interstate 10 failed to heed to appropriate driving practices when they crashed their vehicle into a stopped state police vehicle. The police officer who had driven their cruiser to its stopping place on the interstate had done so after pulling over a speeding driver. Although the driver of the stopped car and the police officer were not injured, a child in the car that crashed into the police cruiser was taken to the hospital with non-life threatening injuries.

Fatal accident claims the life of Louisiana motorcyclist

Many vehicle collisions occur on the highways and roads that connect communities all throughout the state of Louisiana. While some collisions occur while vehicles are traveling at high rates of speed, other accidents occur when motorists are performing relatively straightforward maneuvers with their cars, trucks and sport utility vehicles. A simple turn that is not executed with consideration and care can create a hazard on a road. Just recently a fatal accident claimed the life of a Louisiana motorcyclist when he was struck by a turning car.

The accident occurred near the Dollar General store in Sterlington. The motorcyclist was proceeding down the road near the shop when the driver of another vehicle failed to yield to the oncoming motorcyclist and turned into him. Although law enforcement officials do not suspect that the responsible driver was under the influence of alcohol or drugs at the time of the crash, that driver's blood will be analyzed to determine if that driver was affected at the time of the deadly collision.

What information must be recorded in a truck driver's logbook?

The Federal Motor Carrier Safety Administration (FMCSA) regulates the number of hours that a truck driver can operate their rig every day. These regulations apply to drivers in Louisiana and the rest of the country. The way that a truck driver can prove that they are in compliance with the FMCSA's hours of service regulations, or the way that a victim of a truck accident can show that a driver was in violation of those same regulations, is through an examination of the driver's logbook.

Truck drivers must log each day in their logbook. For example, they must log when they are actively operating their rigs and when they are off duty. They must also show when they are on duty, but not driving and when they are resting. Each type of data must be recorded to reflect the hours spent doing each task and the hours per day must add up to 24.

One killed in Louisiana highway accident

Driving can be a monotonous undertaking, especially when on an open road without any apparent obstacles ahead. However, even when conditions seem to be calm, drivers always must remain vigilant and ready to act should hazards present themselves. From animals to other cars to pedestrians, there are a host of threats that may suddenly appear before a moving car.

An unusual accident recently occurred on a Louisiana highway. Several vehicles that a driver may generally not expect to see on vehicle roads - dirt bikes and all-terrain vehicles - were involved in a crash with a car on Chef Menteur Highway in New Orleans. Though details about the accident are sparse, law enforcement officials have reported that one person was killed in the crash.

The role of warnings in a products liability case

Many of the products that Louisiana residents purchase may clearly display the dangers they pose to the consumers who plan to use them. For example, a power saw may display its sharp blade as a cutting danger to those who may encounter it. Potentially dangerous products, like power saws, generally must contain consumer safety warnings. And, this post will discuss some of the ways that deficient warnings on products may result in injuries and potential products liability litigation.

When a manufacturer decides to put a new product into the market, they must first assess if the product requires a warning label. If a product poses a danger to consumers and if the manufacturer is aware of that danger, then the manufacturer must consider whether the consumers will be able to discover the danger without a warning, if the consumers use the product as it was intended.

We are ready to help after a maritime accident

The Gulf of Mexico is a beautiful view for many of the residents of New Orleans. However, some also derive benefits from this impressive body of water beyond its aesthetic appeal: it provides them with job opportunities.

From anglers on seagoing vessels, to workers on oil platforms out in the Gulf, there are multitudes of career paths that may lead a person to the water. And, while many of the jobs that take men and women out into the open water, they may subject them to dangers not otherwise possible to experience on dry ground.

Challenges when determining wrongful death damages

There is no amount of money that can replace a Louisianan loved one whose life is cut short by another person's negligence. However, when a tragic loss happens, there are legal options for the victim's surviving relatives to pursue. These options can help them recoup their losses and damages through wrongful death litigation.

Damages refer to the tangible and intangible losses that a person suffers as a result of a fatal accident or incident. They may be pecuniary or financial and can include the loss of the victim's wages, the costs of providing the victim with medical treatment and care prior to their accident-related death and the expenses related to the victim's funeral and burial services.

What is maintenance and cure under the Jones Act?

The Jones Act provides seamen and workers on water-based vessels with legal rights to pursue the damages they sustain while on board such vessels. However, under the Jones Act, victims carry some burdens of proof in demonstrating their rights to claim under the law and the extent of damages that they wish to procure. This post will generally discuss the doctrine of maintenance and cure under the Jones Act, and how it may apply in personal injury cases. But, readers are encouraged to discuss their possible maritime cases with Louisiana-based attorneys.

There are three things that a victim must prove beyond a preponderance of the evidence to successfully bring a Jones Act claim. First, that the victim was a seaman. Second, that the victim was working on the sued vessel when they suffered their damages. And, third, their damages (maintenance and cure) are accurate.