Brain Injury

Customer Injured at Metairie Macy’s: Premises Liability in Louisiana

February 9, 2015 | by Broussard, David & Moroux

A Macy’s Department Store in Metairie recently became the subject of a premises liability action filed by a customer who reportedly slipped on a rug while shopping in the store.

The plaintiff reported that, in early December of 2013, she tripped and fell on a rug that was placed on the floor. As a result of her fall, the plaintiff claims that she injured her knee in the process. Attorneys for the plaintiff claim that the placement of the rug “created and represented an unreasonable risk of harm,” as well as demonstrating the merchant’s failure to properly inspect the premises and maintain a reasonably safe condition. The plaintiff seeks over $50,000 in compensatory damages.

The plaintiff’s lawsuit falls under the recognized theory of liability known “premises liability.” Premises liability against merchants is recognized in Louisiana and governed by Louisiana Revised Statutes 9:2800.6. This statute provides: “A merchant owes a duty to persons who use his premises to exercise reasonable care to keep his aisles, passageways, and floors in a reasonably safe condition. This duty includes a reasonable effort to keep the premises free of any hazardous conditions which reasonably my give rise to damage.”

Exception to Rule Against Untimely Claims Upheld in Washington, Louisiana

February 2, 2015 | by Broussard, David & Moroux

When an individual suffers an injury at the hands of another, it can be a devastating experience to both the individual and his or her family. It can impose unforeseen medical costs, result in an inability to work, create a dire financial hardship, or otherwise create a very difficult experience for everyone involved. But this is why we have the civil justice system: to make the victim “whole” by providing a means for obtaining legal relief against the wrongdoer.

In pursuit of fairness and equity, however, the law sometimes recognizes considerations in favor of the wrongdoer. One of the most prominent of these considerations are statutes of limitations—or, as we say here in Louisiana, “prescription”. Prescription describes the procedural device that places a time limit on a plaintiff’s right to pursue a claim. So, for instance, if you were injured as a result of another person’s negligence, you have one year to file the claim in court before prescription bars you from filing the lawsuit altogether. While there are many nuances to this general rule and different prescriptive periods for different causes of action, it generally operates in this way. As mentioned above, prescription works in favor of the wrongdoer and for good reason. It ensures that injured plaintiffs pursue their claims with reasonable diligence, it gives defendants certainty about the timing of a potential claim against them so they can adequately prepare a defense, and it keeps the lawsuit temporally close to when the injury occurred so that potential witnesses and evidence to be presented at trial are still available.

But lawsuits can sometimes get overly complicated, leading to oversights and inaccuracies by parties to the suit, attorneys, and judges. One classic instance of such an oversight is where the plaintiff names the improper defendant in the lawsuit, and in the meantime, prescription on the claim against the proper defendant runs. What happens in this situation? Do the courts let procedural rules trump the overarching goals of equity and fairness in the justice system?

Study Reveals Correlation Between Daylight Savings Time and Higher Rates of Traffic Fatalities

December 15, 2014 | by Broussard, David & Moroux

Reduction of traffic accidents—particularly fatal traffic accidents—has long been at the center of public debate and the ambition of state and federal policymakers. The 1960s proved a watershed decade for transformation of traffic safety. With traffic fatalities on the rise in the 1960s, spiking at 49,000 traffic fatalities in 1965, public concern over traffic safety began to dominate the national discussion. Culminating with the 1965 publication of Ralph Nader’s “Unsafe at Any Speed”—a book that issued scathing criticisms of vehicle manufacturers for their willfully rejecting the addition of safety features into their automobiles—policymakers reacted. By calling on states to erect highway safety measures, the Highway Safety Act passed by Congress in 1966 was the first of many concentrated efforts to reduce this increasing problem. One important feature of this legislation was that it created the National Highway Traffic Safety Administration, or NHTSA, which primarily operates as a safety administrator, promulgating rules designed to increase safety on highways, but also to increase safety of the vehicles themselves by imposing regulations on manufacturers.

With the bulk of this debate happening from the 1960s forward, traffic safety has long been on the minds of citizens and policymakers. Improving safety based on readily observable causes—prohibiting intoxicated driving, reducing speed limits, requiring operating traffic signals, etc.—is one thing, but as a recent study reveals, sometimes the causal or correlative connection between a phenomenon and traffic safety is more mysterious.

A recent study by University of Colorado-Boulder PhD candidate Austin Smith revealed a curious correlation between daylight savings time and increased traffic fatalities. This study reviewed data on fatal vehicle accidents from 2002 to 2011 and compared the number of fatal accidents that occur just before and after daylight savings time changes took effect.

West Bank Accident: 16 Injured as 18-Wheeler Collides with Bus and Catches Fire

August 1, 2013 | by Broussard, David & Moroux

A tanker truck flipped on its side and collided with an RTA bus carrying numerous passengers in Algiers, sending many to the hospital with injuries. The 18-wheeler swerved to avoid hitting the bus when it tipped on its side and collided with the driver’s side of the bus, pushing the bus into a taxicab. The truck quickly burst into flames, but the two truck occupants left the scene unharmed.

18-wheeler truck and bus accidents can be especially dangerous for motorists considering the size of those vehicles and the tremendous force exerted when they collide with smaller motor vehicles.

Louisiana Legislature Toughens Rules For Teen Drivers

July 19, 2012 | by Broussard, David & Moroux

Louisiana’s first-time drivers will now be legally required to undergo more classroom and behind-the-wheel training. State lawmakers passed this legislation last session with little opposition.

The new rules require 30 hours of classroom instruction and eight hours of behind-the-wheel instruction for 16-year-olds and 17-year-olds. In addition, 18-year-olds must undertake six hours of classroom instruction and eight hours of behind-the-wheel training. Lawmakers believe the legislation will make roads safer and lower insurance rates across the state.

Car accidents continue to be the leading cause of death among teenagers in the United States. Last year, car accidents claimed the lives of almost 6,000 teens. Statistics show that teens are more likely to speed, use cell phones and succumb to distractions inside and outside the vehicle.

Traumatic Brain Injury Study Released

July 12, 2012 | by Broussard, David & Moroux

A study released by the University of Oklahoma indicates that the symptoms of traumatic brain injury can persist for years. The study followed over 500 veterans who suffered from post-concussion syndrome. Their research found that almost half of the veterans’ symptoms did not improve until eight years after the injury.

Post-concussion syndrome is a disorder that follows a blunt impact to the head or brain. The symptoms include headaches, dizziness, fatigue, depression, anxiety, insomnia, memory loss and sensitivity to light and noise. For years, doctors have believed that these symptoms were only temporary.

Boat Crash Kills One; Intoxication Suspected Cause

June 28, 2012 | by Broussard, David & Moroux

Authorities arrested a boater after his fishing boat crashed into a pontoon boat, tragically killing a 9-year-old boy, injuring three others and leaving one teen missing. Authorities allege the man was intoxicated at the time of the collision. The Georgia Department of Natural Resources charged the man with boating under the influence of alcohol.

Studies suggest alcohol contributes to 34 percent of fatal boat accidents each year. Louisiana’s vehicular homicide penal statute applies to both motor vehicles and watercrafts. State law further carries strict criminal penalties for people who boat under the influence of drugs or alcohol, including hefty fines, driver’s license suspension and imprisonment.

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.