Louisiana Lawyer Blog

An explosion occurred from a chemical fire at a Multi-Chem Corp. chemical plant in New Iberia last week, causing neighboring residents to evacuate their homes. Police reported no injuries from the explosion or its aftermath. The explosion occurred in a facility that blends chemicals for oil field operations. The accident highlights the importance of safety and prudence by Louisiana proprietors who participate in ultrahazardous activities.

Louisiana law imposes absolute liability on individuals and corporations engaging in ultrahazardous activities. Louisiana Civil Code Article 667 holds a proprietor responsible for damage without regard to his knowledge or his exercise of reasonable care if the damage is caused by an ultrahazardous activity. The Code strictly limits the definition of an ultrahazardous activity to pile driving and blasting with explosives.

Under a theory of absolute liability, the injured party can recover by simply proving damages and causation, regardless of whether the proprietor was actually negligent. Therefore, absolute liability permits liability without negligence. Louisiana courts often attach absolute liability to the storage of toxic gas and crop dusting with airplanes.

Continue reading "New Iberia Plant Explosion and Absolute Liability" »

Distracted driving remains a serious problem across America. Nonetheless, the Louisiana Legislature killed two bills targeting distracted driving in the state and approved a controversial bill permitting TV screens in the dashboard.

Pending Governor Jindal's approval, the controversial "Dashboard TV" bill will become Louisiana law. Under Louisiana's current law, television screens in vehicles must be behind the driver's seat. The law will change to permit a split screen television screen in the passenger's side of the dashboard, provided that the screen is not visible to the driver. Louisiana will join 38 other states with similar laws permitting the use of TV screens in the front seats of vehicles. The defeated legislation purported to prohibit the use of cell phones in vehicles and to ban the use of bright lights on interstates.

Continue reading "Louisiana Distracted Drivers Aided by Lawmakers" »

In Bruesewitz v. Wyeth, the U.S. Supreme Court held that the National Childhood Vaccine Injury Act preempts all state law design-defect claims brought by plaintiffs seeking damages for vaccine-related injury or death against vaccine manufacturers. The National Childhood Vaccine Injury Act of 1986 is a statute that provides administrative remedies to individuals injured by a vaccine's adverse side effects. The statute's purpose is to create a no-fault compensation program for injured claimants. As a result, the statute insulates manufacturers from vaccine-related tort litigation and stabilizes the vaccine market. According to the Supreme Court, the Act eliminates manufacturer liability for adverse vaccine side-effects.

In Wyeth, parents sued a vaccine manufacturer after their daughter received the manufacturer's DTP vaccine during her standard childhood immunizations and became disabled. After exhausting the National Childhood Vaccine Injury Act's administrative remedies, the parents filed suit in state court, asserting that the manufacturer's defective design of the vaccine caused their child's disabilities. The Supreme Court ruled in favor of the vaccine manufacturer, holding that a plain reading of the National Childhood Vaccine Injury Act preempts all state law products liability claims.

Continue reading "Vaccine and Autism: High Court speaks" »

The Louisiana House of Representatives blocked House Bill 112, a bill purporting to provide a definition of "bullying" among school students. This bill sought to define prohibited acts under Louisiana's current anti-bullying law. The bill stated that a bullying gesture must be motivated by "an actual or perceived characteristic, such as race, color, religion, ancestry, national origin, sexual orientation, gender . . . mental disability, or physical disability." The sexual orientation provision drove most of the debate.

Louisiana has various laws providing protection from bullying. Louisiana law currently requires schools in certain parishes to implement policies that prohibit harassment and discrimination among students. In 2010, Louisiana enacted a statute criminalizing cyber-bullying. Louisiana's cyber-bullying law criminalizes the "transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment or intimidate a person under the age of 18." The law applies to both adults and children. Bullies who are 17 and older may be fined a maximum of 500 dollars and sentenced to prison for up to six months. Children, on the other hand, must undergo counseling.

Continue reading "Louisiana Legislature Kills Bully Bill" »