Premises Liability

Houma Boy Drowns in Swimming Pool

June 3, 2013 | by Broussard, David & Moroux

An 11 year old Houma boy tragically drowned in an apartment complex pool while swimming with other children. The boy was found unresponsive on the bottom of the pool and the Terrebonne Parish Coroner’s Office has ruled the death an accidental drowning.

Swimming pool safety should be an utmost concern to all owners and users of swimming pools, especially when children are swimming. Statistics list accidental drowning as the second leading cause of death among children each year. It is also common for children to suffer submersion-related injuries, slips and falls, and head and back injuries when playing around a swimming pool.

Silos and Grain Bins Continue to Endanger Farm Workers

November 27, 2012 | by Broussard, David & Moroux

Silos and grain bins continue to pose serious dangers to farm workers across the United States, according to a recent New York Times report. The report found that despite a sharp decline in farm-related accidents across America, the number of deadly silo and grain bin accidents remained consistent.

In the last five years, 80 farm workers have been crushed or asphyxiated in silos or grain bins. The report found that many of these work-related accidents were completely preventable. Among these accidents, the most serious accidents involved child and teen workers.

Experts suggest that this steady death rate can be attributed to relaxed workplace safety regulations. Federal regulators do not monitor the working conditions of large commercial farms. In addition, many farms, especially small family farms, cannot afford to train and protect workers from these known dangers.

Baton Rouge Benzene Spill Worse than Projected

June 21, 2012 | by Broussard, David & Moroux

ExxonMobil estimates that it accidentally released 28,700 pounds of naphtha at its Baton Rouge site June 14. Naptha contains the hazardous chemical benzene, a carcinogen recognized by the EPA. When ExxonMobil first reported the release to the state Department of Environmental Quality last week, it only reported a 10-pound spill.

Benzene is a hazardous, colorless liquid chemical that is quickly absorbed by the air. Benzene is an ingredient in gasoline, crude oil and cigarette smoke. Short-term inhalation can cause dizziness, headaches, nausea, convulsions and unconsciousness. Long-term inhalation or ingestion can lead to blood disorders and certain cancers.

Mississippi Factory Explosion Raises Questions about Plant Safety

June 14, 2012 | by Broussard, David & Moroux

A steam explosion at a fertilizer factory in Pascagoula, Mississippi last week tragically killed one worker and left two other workers injured. Authorities continue to search for the cause of the accident. This accident marks the second fatal explosion at a plant in this area in a two-week-period.

Factories, chemical plants and refineries pose unique dangers to workers. Because these jobs often involve complex machinery and dangerous chemicals, workplace safety should be an employer’s utmost priority. A workplace explosion or fire can lead to the loss of limbs, back injuries, life-changing burns or death. A serious injury can dramatically affect a worker’s ability to earn a living.

Louisiana Lawmakers To Combat Lead Exposure

June 7, 2012 | by Broussard, David & Moroux

Three bills addressing lead contamination in schools, day care centers and playgrounds passed in the Louisiana Legislature last week. Upon the governor’s signature, Senate Bills 200, 201 and 211 will require new schools, day care centers and playgrounds to be inspected for lead contamination. The inspection results will then be publicly posted online. The bills also require agencies to publicly reveal federal lead contamination standards.

Lead poisoning is more pervasive than we perceive. Before 1978, when Congress outlawed the use of lead in construction, contractors commonly used lead in pipes and paint in homes, buildings and playgrounds. Unfortunately, the harmful effects of lead contamination continue to linger today in our buildings, water, air and soil, often affecting children. In fact, each year in the United States, approximately 310,000 children, ages 1 to 5, are found to have dangerous levels of lead in their blood.

FEMA Contractors Reach a $5 Million Deal in Class Action Trailer Settlement

May 31, 2012 | by Broussard, David & Moroux

Four FEMA contractors agreed to pay $5 million to gulf coast victims in a class action settlement last week. The settlement stems from pooled claims alleging gulf coast residents’ exposure to increased levels of formaldehyde in FEMA trailers after Hurricanes Katrina and Rita. Formaldehyde is a chemical that is a known carcinogen.

The class includes an estimated 60,000 plaintiffs from Louisiana, Texas, Mississippi and Alabama. These plaintiffs claim that their exposure to elevated levels of formaldehyde while living in the trailers caused various breathing problems and cancers. The funds will be distributed upon a U.S. District Court’s finding that the settlement is fair. This hearing will take place Sept. 27.

Elevator Malfunction Injures Woman

May 24, 2012 | by Broussard, David & Moroux

An elevator malfunction at the Chateau Bourbon Wyndham in New Orleans injured a Mississippi woman. When returning to her car in the hotel parking garage, the elevator stopped between the 3rd and 4th floors, trapping Jackson inside. In addition to enduring extreme heat while trapped inside, Ms. Jackson suffered fear, anxiety, and severe emotional distress. She also fell trying to get out of the elevator, causing further injury. Ms. Jackson is now seeking relief in Orleans Parish Civil District Court.

Property owners have a legal responsibility to ensure their premises are reasonably safe for guests and visitors. Premises liability is an area of the law that holds landowners responsible for the injuries of third parties under certain circumstances. In addition to elevator malfunctions, premises liability can arise on both commercial and residential properties and can include slip and fall injuries, parking lot injuries, and foreseeable criminal acts of third parties.

Hammond Girl Injured in Dog Attack

May 3, 2012 | by Broussard, David & Moroux

An eight year old Hammond girl was attacked by pit bulls while playing with a friend in late April. She suffered a torn artery in her leg and bites to her neck, legs, arms, and face. She underwent eight hours of surgery following the attack. The dog owners have been arrested while the dogs were taken by animal control for rabies tests.

Animal owners and caretakers have a legal responsibility to control and restrain their pets if an animal has previously bitten a person, attacked a person, or if the animal is predisposed to violent behavior. Louisiana law (La. C.C. art. 2321), holds a dog owner strictly liable for damages for injuries to persons or property caused by the dog and which the owner could have prevented and which did not result from the injured person’s provocation of the dog. Strict liability means that the owner or caretaker is held legally responsible for the damage caused by his animal, regardless of his fault.

Geismar Plant Explosion Releases Toxic Chemicals

March 22, 2012 | by Broussard, David & Moroux

This month, a fire and explosion at the Westlake Chemical Corp. Complex in Geismar resulted in an estimated 15 compounds being released over the Mississippi River in Ascension Parish. Only a few of those compounds, including hydrochloric acid, chlorine, vinyl chloride monomer exceeded the one-hour permit level set by the Department of Environmental Quality.

The cause of the fire is currently being investigated by the Westlake Chemical Corp., Department of Environmental Quality, the U.S. Occupational Safety and Health Administration, and Louisiana State Police. The vinyl chloride monomer plant will likely be unable to open again until May.

There were no injuries, however the incident has prompted responses from environmental groups concerned about the potential harm from exposure to harsh chemicals and civil suits in state district court. PVC facilities, such as this Geismar facility, have been a concern for many years due to the carcinogenic properties of vinyl chloride, even in small quantities. One particular group, Louisiana Environmental Action Network, said “The March 22 fire at the facility is of grave concern to the community because of the toxicity of the particular chemicals released.”

More Drilling May Equal More Injuries

January 9, 2012 | by Broussard, David & Moroux

Almost two years after the anniversary of the BP Oil Spill, reports indicate that deep gulf drilling in the Gulf of Mexico is flourishing once again, with oil companies drilling deeper than ever before. Oil companies believe that deep fields in the Gulf of Mexico may contain enough oil to meet the United States’ energy needs for almost two years.

Although deep gulf drilling poses economic benefits, widespread deep gulf drilling also raises concerns about offshore worker safety. As seen in the aftermath of the BP Oil Spill, deep gulf drilling poses even greater safety risks for offshore workers and the environment. Oil companies already have a legal responsibility to maintain safe working conditions for their workers. However, the deeper the drilling, the greater the need for oil companies to maintain adequate safety equipment and procedures.

In the event of an offshore accident, the Longshore and Harbor Workers’ Compensation Act (LHWCA) protects certain maritime workers who sustain injuries on the job. The statute is a workers’ compensation scheme that provides financial assistance to an injured offshore worker for his wages, reasonable medical expenses and vocational rehabilitation. The statute also protects injured workers from unjust termination or retaliation.