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Third Party Liability In Negligence Cases

June 27, 2016 by Lee Hoffoss

A strong evidentiary and legal case may not be enough to obtain compensation for injuries in a car crash case, because the defendant must also have the ability to pay damages. Solvency is often an issue in Louisiana, because the number of uninsured drivers is significantly above the national average. There are also thousands of under-insured motorists, because the state only requires $15,000 of personal injury and $25,000 of property damage protection. In a serious wreck, these amounts may not be enough to fully compensate the plaintiff. Fortunately, the tortfeasor (negligent driver) may not be the only party that is liable for damages.
Employer Liability
Under the doctrine of respondeat superior (Latin for “let the master answer”) employers are responsible for the negligence of their employees. In addition to car crash cases, this doctrine also comes into play in medical negligence and nursing home abuse cases that involve negligent medical professionals or other caregivers. [Read more…] about Third Party Liability In Negligence Cases

2 Men Suffer a Fatal Workplace Injury in Louisiana

July 3, 2014 by Lee Hoffoss

Workers out in the field in the oil and gas industry understand the potential dangers of their jobs. The volatile liquids and gases they work with could ignite at any time. Two men recently suffered a fatal workplace injury at a gas well in Louisiana.
The two men were focused on a pressure test of the well. For some reason, the high pressure involved in the test caused a component of the well to break free. The two workers suffered fatal injuries to which they succumbed at the job site. A third person suffered injuries for which he was treated at a local hospital. The hospital released him the same day.
No further details concerning the cause of the accident were reported. An investigation is underway by investigators from the Occupational Safety and Health Administration, along with state and local officials. The victims were both from Texas, but the gas well they were working on is located in Lincoln Parish.
Apparently, Wildhorse Operations has no known history with OSHA in Louisiana. Of the nearly 50 wells that Wildhorse has received permission to drill, about half are near the production stage. It could be some time before any information is available regarding the details of the accident.
When a workplace injury occurs, determining its cause may prevent similar incidents in the future. In the meantime, the families of the two deceased men may be able to receive workers’ compensation benefits to cover the expense of burying their loved ones. It may also be possible for covered dependents to receive a compensation package for the loss of income. Moreover, the injured worker may also be entitled to benefits — at least to cover any medical attention necessary and time off from work as he struggles to recover.

Louisiana Man Files Lawsuit After Workplace Injury

September 30, 2013 by Lee Hoffoss

Back in February of this year, a construction worker was assigned to a project at a Louisiana hospital. While working at the site, he suffered a serious workplace injury. Recently, he filed a lawsuit against the construction company he was working for at the time he was injured.
While working in the engineering building at the job site, the injured man was tasked with pumping water from the tunnel. As he was doing so, he noticed an electrical cord on the ground. He picked it up and got shocked. According to court documents, he wasn’t sure he was being shocked at first, but knew that he was somehow unable to move.
He then reached out to steady himself and grabbed a ring near the entrance of the tunnel that was made of metal. His hands were allegedly burned when he grabbed the ring. He somehow managed to get outside where he ended up falling to the ground.
People rushed to help the man. His claims indicate that when his gloves were removed, his hands appeared to have “melted” and looked blackened. He was taken to the hospital and remained there while he recovered from his injuries.
Now, the man has accused the Louisiana construction company of not ensuring that any and all known hazards were removed from the work site prior to sending him into the tunnel. The cord was attached to a generator that the worker had not been given any training on, and he claims that his employer failed to warn him of the potential hazard that led to his workplace injury. If the court agrees with the man, then he may be awarded the damages he is seeking including but not limited to lost wages, pain and suffering and medical bills associated with his injury.