If both drivers say they had a green light, the police report may leave the central question unresolved. The next step is to find records that can test each account: the signal settings in effect, any retained controller history, video from the approaches, and the timing of the emergency response. Start by finding out…
A Louisiana neighbor generally may not arrange a roof so that rainwater falls on the adjoining property. Civil Code article 664 states that rule directly. The harder disputes involve a downspout, gutter, driveway, or grading change that collects water and sends it toward the property line. That is different from rain following the land’s…
A Louisiana neighbor does not have to wait for a wall, roof, balcony, chimney, sign, or other construction to collapse before asking a court to act. Civil Code article 661 provides a direct remedy when a building or other construction is in danger of falling. The immediate goal is safety. Leave the danger area…
Waiting to object to a building that crosses a Louisiana property line can change the remedy. It does not automatically transfer ownership of the land. Louisiana Civil Code article 670 gives a court discretion to let an encroaching building remain when the builder acted in good faith and the neighboring owner waited an unreasonable…
A New Orleans premises claim often turns on two questions that the incident report does not answer: who controlled the unsafe area, and what did that person or business know before the injury? Ownership is a useful starting point, but the owner, tenant, manager, maintenance vendor, and contractor may have divided the work among…
A licensed Louisiana fishing-charter guide must carry proof of commercial marine insurance while on the water. The rule applies to both saltwater and freshwater guides. Current Louisiana Department of Wildlife and Fisheries guidance calls for at least $300,000 of liability coverage per occurrence. That requirement answers only the first coverage question. It does not…
A disabled vehicle in an interstate lane creates two different questions: could its driver have avoided or reduced the obstruction, and could approaching traffic have avoided the collision? The answer may involve both drivers, or neither driver’s negligence. A mechanical failure, poor repair, earlier crash, or roadside operation may also be part of the…
Louisiana permits a narrow claim for the emotional harm of seeing a close relative seriously injured. The relative need not die, and the observer need not be physically hurt. But learning that someone was injured, or suffering profound grief afterward, does not by itself establish a bystander claim. Civil Code article 2315.6 connects recovery…
Being on foot does not necessarily put a Louisiana hit-and-run victim outside an auto policy’s uninsured motorist coverage. A named insured or qualifying resident family member may have UM protection while walking, even when the insured car is parked at home. Sharing a household, however, is not enough by itself. The coverage question starts…
A hospital bed rolls as a patient tries to reach a bedside commode. Was the problem an unlocked wheel, a clinical decision to let the patient get up without help, or both? In Louisiana, that distinction can determine whether the claim goes first to a medical review panel or directly to court. A fall…
Proving loss of taste or smell after a Louisiana head injury usually requires more than the injured person’s description. The strongest presentation connects a clear pre-injury baseline, a prompt symptom report, qualified medical evaluation, consistent follow-up, and specific proof of how the condition changed safety, eating, work, and daily life. It must also address…
Sometimes, but Louisiana does not give every parent the same blanket power to settle a child’s claim. Married parents who have parental authority may generally compromise a minor’s claim without court approval when the money or property to be paid or received does not exceed $15,000, excluding court costs, attorney fees, and other expenses….
A new change in taste or smell after a car accident deserves medical attention, especially after a blow or jolt to the head. Smell and taste work closely together, so what feels like lost taste may actually be reduced smell. Tell a clinician exactly when the change began, what you can and cannot detect,…
Your accident claim does not automatically disappear when the at-fault driver’s insurance company fails. If a court formally declares a Louisiana-authorized property and casualty insurer insolvent and orders liquidation, the Louisiana Insurance Guaranty Association, usually called LIGA, may handle qualifying unpaid claims. Its responsibility is limited by statute and by the failed insurer’s policy….
After a rider is thrown, “the horse spooked” describes part of the event. It does not explain whether the saddle shifted, how the horse was selected, what the instructor knew about the rider, or whether a hidden property condition contributed. Those details matter under Louisiana’s equine-liability law. R.S. 9:2795.3 generally protects against participant claims…