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New Orleans Personal Injury Law Blog

Louisiana seaman claims incompetence led to on-the-job injuries

Many people in Louisiana make their living at sea, whether they are working on an off-shore oil rig, a fishing vessel, a drill ship or any other seagoing vessel. However, many of these occupations can be hazardous if an employer fails to act with due care, which could lead to workers being injured on-the-job.

For example, one Louisiana man alleges he suffered injuries in a boating incident. The man has filed suit against Shoreline Southeast LLC. He also names Marquis Resources LLC and ABC insurance company as defendants.

Need help navigating the choppy waters of a cruise injury claim?

Many people in Louisiana likely dream of going on a cruise with images of romantic dinners and soaking up the sun on the deck. However, things are not always as idyllic as it seems in movies and on brochures. Just like in any other public area, things can go wrong. You might pick up a norovirus from contaminated food, slip on a spilled drink or a puddle near the pool, or find yourself directly beneath a dropped beer bottle from a higher deck.

You might be surprised to learn that these types of injuries, and even drownings, are not uncommon, and cruise lines have strict operating procedures for staff to follow. Nevertheless, when there are hundreds of people from different backgrounds together on one cruise liner, the unexpected will likely happen. Somebody's negligence might cause an injury, and if you are the victim, you are entitled to pursue recovery of damage.

What are some common causes of elevator accidents?

Taking an elevator in a building, rather than climbing the stairs, is so commonplace that most people in New Orleans do not even consider that something could go wrong. After all, there are about 900,000 elevators in our nation, and on average each elevator will be used by 20,000 individuals annually. However, there are a number of things that could go wrong with an elevator. These situations are more than just frightening -- they could even lead to injuries.

For example, many elevators run using mechanical functions or a pulley system. Any breakdown in either of these systems could cause the elevator to quickly plummet downwards. In addition, if the doors malfunction, it could expose the open shaft, which could lead to falls. Faulty wiring in elevators could also present the danger that a person could be electrocuted.

What are some red flags of nursing home neglect?

The decision to put a loved one in a nursing home is never easy. Unfortunately, some nursing homes in New Orleans do not provide residents with adequate care. There are some signs a resident's loved ones should keep an eye out for that could point to nursing home neglect.

First of all, note whether the resident's personal hygiene is being taken care of. Many people in nursing homes require assistance with daily hygiene routines. Another sign of nursing home neglect is malnutrition and dehydration. For example, if a resident has trouble swallowing, he or she may need soft foods. Giving residents the wrong food at can be a sign of nursing home neglect.

Fidget spinners can cause injuries, some parents want recall

As New Orleans residents may know, the latest fad in toys amongst children nationwide are "fidget spinners." However, some parents are calling for a recall of the popular toy after several children swallowed metal discs on the toy that would become loose and fall off.

Fidget spinners were initially meant to help children who have attention or sensory issues maintain their ability to concentrate, by keeping their hands busy. However, they have since become popular with children of all ages and abilities. Unfortunately, there have been reports of children being seriously hurt by the toy.

The Jones Act: when might a vessel be unsafe?

Many people in Louisiana work aboard vessels at sea. However, working on a ship presents certain dangers, and sometimes a seaman is injured on the job. The Jones Act allows injured seamen in certain circumstances to sue their employer, as they may not be covered by workers' compensation benefits. However, to receive Jones Act coverage, a mariner must spend a minimum of 30 percent of their time on-the-job on a "vessel in navigation," which is something that is on navigable waters, is able to move, is in working order and can float.

Under the Jones Act, employers of seaman need to make sure their employees are provided with a workplace that is reasonably safe. If the employer fails to uphold this duty, and a seaman is injured on the job, then the seaman can bring a lawsuit against his or her employer.

Obtaining relief when holidays are wrecked by a car accident

Holidays bring about reasons for celebration in various parts of the country. Like many others, you may be preparing to visit family and friends, which could involve a lengthy drive. Although typically viewed with excitement and joy, there may also be a certain level of risk involved with travelling to and from these special occasions.

Nothing can derail a celebration quite like a car accident while in transit. With the overall increase in traffic during a holiday, such as Memorial Day weekend, you might want to be even more vigilant with your safety while driving. Unfortunately, you cannot control the actions of others, and you might be wondering exactly what to watch out for during this time.

Report: Many Louisiana nursing homes fail to provide quality care

Deciding to put a loved one in a nursing home is a big decision. Much research may be done to ensure that the nursing home provides quality care to its residents. Often, people choose to put a loved one in a nursing home because they can no longer take care of their loved one's needs. They want their loved one to be cared for, and especially they don't want to see their loved one suffer unnecessarily. Unfortunately, this doesn't always happen, due to nursing home neglect or abuse.

In Louisiana, the state often funnels Medicaid recipients into nursing homes rather than home-based care options. For example, in 2017 nursing homes that allow residents to pay with Medicaid benefits will receive a combined total of over $1 billion in public funds. This is unusual as most states are leaning more towards spending public funds on home-based care options. In the end, however, since more money is being funneled to nursing homes rather than other care programs, it is more likely a Medicaid recipient will ultimately be sent to a nursing home.

Johnson & Johnson to pay $110.5 million in cancer lawsuit

Johnson & Johnson's baby powder, which is made of crushed-up talc, has been around since 1894. It has been used for many purposes, particularly to absorb moisture. People in New Orleans who use baby powder either on their infants or on themselves may assume that a product that is so commonplace cannot be dangerous. However, that may not be the case.

A woman has been awarded $110.5 million after suing Johnson & Johnson, claiming that she developed cancer due to the use of the company's baby powder. The woman's lawsuit comes on the heels of three other similar lawsuits in which awards were paid out totaling $197 million. In fact, approximately 2,000 lawsuits have been filed nationwide claiming that the use of talc products over a long period of time causes health issues.

Man killed in five-vehicle accident on I-10

Rush hour traffic can be a headache to say the least. No one wants to be stuck in bumper-to-bumper traffic at the end of a long workday. However, it is important to pay attention when traffic becomes congested. As one deadly accident shows, the failure to react properly to a slowdown in traffic can have disastrous results.

A 26-year-old man was killed in an accident involving five vehicles. The accident took place in West Baton Rouge Parish on Interstate 10 around 5:30 p.m. A semi-truck being operated by a 48-year-old man did not slow down when traffic became congested. He hit a GMC Sierra operated by a 70-year-old man from behind. That vehicle was forced off the highway. The semi-truck then went on to strike the victim's car from behind. The crash then forced the victim's car into the rear of a second semi-truck. After being trapped between the two semi-trucks, the victim's vehicle along with the semi-trucks caught on fire. The second semi-truck did go on to hit a pickup truck.