Practice: General Liability

• General Liability

  Discoverability of Accident Reports

  • May 9, 2016
  • By

  In a previous blog articles, 10 Items to Preserve After an Accident in a Company Vehicle and Best Practices for Documenting Slip and Fall Accidents, I discussed the importance of preserving information after an accident and creating accident reports. However, it is important to note that your reports may be discoverable by the adverse party. […]

• Business Litigation

  Adverse Presumption Awarded for Breaching Duty to Preserve Evidence

  • April 11, 2016
  • By Allen & Gooch

  Recently, in Sayre v. PNK (Lake Charles), LLC, 2015-859 (La. App. 3 Cir. 3/23/16), the Third Circuit recently reversed a trial court’s refusal to provide a jury charge which included instructions that a party’s failure to preserve evidence within their control would give rise to a presumption that said evidence would be adverse to their […]

• Construction Law

  New Home Warranty Act – Plumbing vs. Structural Defects

  • March 9, 2016
  • By

  In a recent Fifth Circuit case, Plaintiff’s filed suit under the New Home Warranty Act (NHWA) against the builder of their home. Campo v Sternberger, Fifth Circuit, 15-CA-52 c/w 15-CA-53 (11/19/15). The Trial Court found that the builder breached his warranty that the house would remain free of major structural defects as required under the New Home Warranty […]

• General Liability

  Drone Regulations Up in the Air

  • March 7, 2016
  • By

  Unmanned airships (UAS) also known as drones are rapidly becoming a part of our daily lives in both the recreational and commercial context. In March, 2015, the FAA recently relaxed regulations, allowing additional exemptions to commercial uses for drones.  A party seeking commercial use can now more easily obtain a Section 333 exemption, which states […]

• Business Litigation

  Personal Liability for LLC Members

  • February 8, 2016
  • By

  Personal Liability May Still Exist for LLC Members, Despite the General Shield from Liability. In a previous blog article, “Louisiana Supreme Court holds that an individually licensed contractor is not a “professional” within the meaning of an exception to limited liability for LLC members,” I discussed a recent case which held that a contractor could […]

• General Liability

  Best Practices for Documenting Slip and Fall Accidents

  • February 1, 2016
  • By

  While we all work to prevent falls, accidents still occur.  Often these unfortunate events can lead to litigation. What should you do when a slip and fall occurs on your property or at your workplace? Here are some steps to ensure that available defenses are preserved and that your attorney has the information needed to […]