In any action (or claim for recovery of damages for injury, death, or loss asserted under any law or legal doctrine or theory of liability, regardless of the basis of liability) for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons…
Generally, no person shall be liable for damages for injury, death, or loss of the operator of a motor vehicle, aircraft, watercraft, or vessel who is found to be in excess of 25% negligent as a contributing factor in causing his damages as a result of operating a motor vehicle,…
As recognized by the Louisiana Supreme Court in Dumas v. State, DCRT, 2002-0563 (La. 10/15/02), 828 So.2d 530, 537, prior to the 1996 tort reform amendments to La. C.C. arts. 2323 and 2324(B), the policy behind Louisiana’s tort law was ensuring that innocent victims received full compensation for their injuries.…
The Louisiana Supreme Court, in Watson v. State Farm Fire and Cas. Ins. Co., 469 So.2d 967, 974 (La. 1985), adopted the following factors (now known as the Watson factors) for determining the percentages of fault to be assigned to culpable tortfeasors, the trier of fact shall consider both the…
Establishing negligence under Louisiana law is accomplished via the following five prong duty / risk analysis: I. Was the conduct in question a substantial factor in bringing about the harm to the plaintiff, i.e., was it a cause in fact of the harm? -It is irrelevant in determining cause in…
Paul H. Dué visit superlawyers.com For the sixth straight year, Baton Rouge, Louisiana personal injury lawyer, Paul H. Dué of Dué Guidry Piedrahita Andrews Courrege L.C. has been rated by Louisiana Super Lawyers. “Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have…
A twenty-three year old motorcycle operator was killed on August 7, 2011, when his improperly secured DOT approved helmet came off during a motorcycle accident on LA 111 in Vernon Parish, Louisiana. According to Baton Rouge, Louisiana motorcycle accident lawyer, Scott Andrews, Louisiana requires all motorcycle riders and occupants to…
A sixty-two year old motorcycle operator riding a 2011 Harley Davidson was seriously injured on U.S. Highway 171 near Anacoco, Louisiana when his motorcycle ran off the left side of the road and impacted some dirt. The cause of the accident is unknown at this time, but Baton Rouge, Louisiana…
After teaching Product Liability during the Spring 2011 semester at the Southern University Law Center (SULC), Baton Rouge, Louisiana personal injury and accident attorney, Scott Andrews, will be teaching Insurance Law at the Southern University Law Center during the Fall 2011 semester. Scott Andrews is a 1996 Order of the…
In Brooks. v. State of Louisiana, Department of Transportation and Development, 2010-1908 (La.7/1/11), the Louisiana Supreme Court held that the scope of duty of the Louisiana Department of Transportation and Development (DOTD) to maintain the shoulder of a Louisiana state highway does not encompass the risk that a driver of…