Louisiana Lawyer Blog

Helicopter Crash in the Gulf of Mexico

October 28, 2022 | by Broussard, David & Moroux

The U.S. Coast Guard received a call at 6:35 P.M. on Wednesday from Westwind Helicopter Inc. personnel confirming a company helicopter crashed into the Gulf with three people aboard. The crash occurred 46 miles offshore near Morgan City.

The Coast Guard District Eight watchstanders coordinated the launch of a Coast Guard Air Station New Orleans MH-60 Jayhawk aircrew and diverted an Aviation Training Center Mobile HC-144 Ocean Sentry aircrew to assist. The Jayhawk aircrew arrived and found two crewmembers hanging onto life rafts. These two crewmembers were hoisted from the water. The body of a deceased third crewmember was found in the fuselage of the submerged helicopter.

The two surviving crewmembers were transferred to University Medical Center New Orleans and were last reported to be in critical condition. The cause of the incident is still under investigation.

The Department of Interior Proposes a New Rule to Strengthen Offshore Safety

October 27, 2022 | by Broussard, David & Moroux

On September 12, 2022, the Department of Interior announced a new proposed rule to ensure offshore oil and gas operations on the Outer Continental Shelf are conducted with the utmost safety and oversight standards. This proposed rule builds on reformed instituted by the Department since the Deepwater Horizon tragedy that killed 11 offshore workers and caused billions of dollars of damages.

Following the Deepwater Horizon incident in 2010, the Bureau of Safety and Environmental Enforcement adopted several recommendations from multiple investigative teams to improve the overall safety of offshore energy operation. The BSEE Director Kevin M. Sligh Sr. says the proposed revisions “will protect workers’’ lives and the environment from the potentially devastating effects of blowouts and offshore oil spills.”

To further protect human lives and the environment, the Department is proposing revisions that would:

Safe Driving Tips for School Buses

October 11, 2022 | by Broussard, David & Moroux

The school year is now in full swing and it is important as drivers to continue to practicing safe driving, especially when children are involved.

On Thursday, September 29, a tow truck crashed into a school bus carrying 27 children in St. Landry Parish, causing two children to be airlifted to the hospital and two others taken by ambulance. Children were exiting the bus when the tow truck crashed into the rear of the bus. In order to prevent incidents like this from happening again, it is crucial to remember Louisiana’s laws and procedures when driving near a school bus.

In Louisiana, the law states the driver of a vehicle coming upon a stopped school bus and red lights are flashing must stop no less than 30 feet away from the school bus and shall not proceed until the bus resumes motion or the visual signals are no longer activated.

Current Status of the Basin Bridge Cameras

September 29, 2022 | by Broussard, David & Moroux

In June, Governor John Bel Edwards signed SB435 into law, which provided that safety measures, including camera safety devices, will be installed on the Basin Bridge as a measure to reduce safety risks.

The new law went into effect on August 1, 2022 and will be implemented in three phases:

Phase one began with crews installing “Higher Fines” and “Safety Corridor” signs to warn drivers of the changes. Also, as of August 1, 2022, fines are doubled for those speeding. This means those speeding may face fines as high as $350.

Partner Richard Broussard Receives LAJ President’s Award

September 29, 2022 | by Broussard, David & Moroux

Partner Richard Broussard was presented the President’s Award by the Louisiana Association for Justice (LAJ) President Blake David on September 23 at the LAJ Fall Conference in New Orleans.

The President’s Award is presented annually to LAJ members who have provided outstanding and highly dedicated service to the legal profession.

Within the Louisiana Association for Justice, Mr. Broussard served on the Board of Governors from 1983-1986 and on the Executive Committee from 1996-1997.

Camp Lejeune Water Contamination Claims

September 22, 2022 | by Broussard, David & Moroux

On August 10, 2022, a comprehensive bipartisan bill was signed into law, allowing veterans, family members, and others who lived or worked at Camp Lejeune (North Carolina) between August 1, 1953 and December 31, 1987, to recover for illnesses caused by water contamination. This includes those who have already gone to the VA for benefits.

The water contamination at Camp Lejeune was caused by the waste disposal practices of an outside dry-cleaning establishment, as well as leaking underground storage tanks, waste disposal sites, and industrial area spills. The water plants were contaminated by PCE, TCE, benzene, and vinyl chloride.

To be eligible to file a claim, you or a loved one must have lived, worked, or have been otherwise present at Camp Lejeune for at least 30 days between August 1, 1953 and December 31, 1937 and developed some type of physical harm due to the base’s contaminated water. Individuals who are eligible to file a claim include veterans, civilian workers, contractors, and family members of veterans, as well as those who were in the womb at the time and exposed in utero.

Derek Aswell Finishes Term as LBA Young Lawyer President

September 8, 2022 | by Broussard, David & Moroux

Attorney Derek Aswell recently wrapped up his term with the Lafayette Bar Association as Young Lawyer Section Chair.

The Young Lawyers Section is a section of the Lafayette Bar composed of attorney members who are either under the age of 40 or who have been practicing law for five years or fewer. Members are dedicated to providing community service in Lafayette Parish. This is an active organization that sponsors several worthwhile programs that take place in the community, such as: Regional Mock Trial allows high school students to study a case, present it from both the plaintiff’s and the defense’s sides, and act out the trial in a real courtroom setting; and the Holiday Giving Program is an annual fundraiser to support local charities during Christmas.

Along with these programs, Young Lawyer Section members are active in the Lafayette Bar Foundation’s pro-bono efforts that benefit the underprivileged members of the Lafayette community. They volunteer their time to accept Lafayette Volunteer Lawyers’ cases, to assist with the Homeless Experience Legal Protection (H.E.L.P.) Program, and represent victims of domestic violence in Protective Order hearings through the Protective Order Panel.

Tips to Keep You Safe this Labor Day Weekend

September 1, 2022 | by Broussard, David & Moroux

Labor Day weekend is the last chance many people have to vacation and travel before the fall. Whether traveling to the beach or enjoying a weekend by the pool, it is important to keep in mind some basic safety measures. Over this long weekend, Broussard, David & Moroux has a few tips to keep you and your family safe while having fun:

If you are spending a weekend by the pool, remember to monitor children in and around the water and provide inexperienced swimmers with a floating device. Also, be mindful of water depth before diving.
If you are spending the day outdoors in the heat, remember to drink plenty of fluids and wear sunscreen.

National Traffic Awareness Month: How Louisiana is Participating

August 29, 2022 | by Broussard, David & Moroux

National Traffic Awareness Month in August draws awareness to traffic safety, not only for those behind the wheel, but for those riding as passengers and pedestrians as well. This month is used to shed light on the safety rules that help prevent major and minor accidents.

According to the National Highway Traffic Safety Administration, an estimated 42,915 people died in car crashes in 2021. This is a 10.5% increase from 2020. The National Safety Council reported that approximately 4.8 million people were seriously injured in automobile collusions and estimated a total cost of car crashes of $474 billion in 2020. In light of these statistics, it is important to go back to basics and remember safe driving can save lives.

Louisiana is taking is a major step toward safety by installing speed cameras on the Atchafalaya bridge. In 2021 alone there were 269 accidents, resulting in 89 injures and two deaths. Louisiana Department of Transportation and Development Secretary Shawn Wilson stated: “What this will ultimately do is save lives.”

Negligence Claim Arises due to Contaminated Food Product

August 18, 2022 | by Broussard, David & Moroux

A Delaware couple filed a complaint on July 18 against Daily Harvest Inc., alleging negligence and other claims. Daniel and Lindsey Davis alleged the defendant’s French “Lentil & Leek Crumbles” caused Daniel to suffer from acute liver toxicity, causing abdominal pain, fevers, and chills.

The plaintiffs further claim that Daily Harvest’s food was not fit for human consumption and constitutes a breach of implied warranty. Additionally, they allege Daily Harvest failed to comply with federal, state, and local laws and safety codes with the distribution and sale of its food products. The plaintiffs are seeking monetary relief, trial by jury, and all other just relief.

Just in the last week, four other major food companies recalled their products due to product deficiencies. One popular brand, King’s Hawaiian, recalled its “Pretzel Slider Buns” because an ingredient used in the products can potentially cause “microbial contamination including from the organism Cronobacter sakazakii and Clostridium botulinum.” KraftHeinz’s also recalled about 5,760 cases of their popular children’s product, Capri Sun, after discovering a specific variety of juice pouches contained cleaning solution.