It will not be long before the cold days of winter are far behind and the warm days of summer are on the way. When the winter season finally comes to an end, the thoughts of pool owners turn to the back yard, where that vast expanse of crystal clear water awaits. Whether you open your pool on the first warm day of spring or wait until later in the season, safety should be your number one consideration for all age groups. A lot can happen to your pool over the winter months, and even the best-prepared pool will need a basic safety checklist before it can be opened for the season. Here are some essential elements that belong on your spring pool safety checklist. Drowning is the leading cause of unintentional death among children ages 1 to 4, so never leave a child unattended or near water, teach children how to swim and to stay away from pool or spa drains, ensure pools and spas have complaint drain covers, install proper barriers, covers and alarms on and around your pool and spa. learn how to perform CPR on children and adults; Grab a sample of pool water and have it professionally tested. Imbalances or impurities in the water will harm the filter and other components, but poor-quality water could also make you or your family members sick. Change the filter before you open your pool for the season. The filter has an important job to do: filtering out impurities […]
Workers’ compensation is an exclusive remedy under Louisiana law for workplace injuries or work-related diseases or illnesses. When an employer knowingly subjects employees to harm, moreover, they may have an intentional tort claim against them. A case before the Louisiana First Circuit Appellate Court analyzed the elements required to bring a successful tort claim against an employer. The employee in this case was injured when a forklift backed up and rolled over his foot. Another employee had been operating the forklift at the time, and his employer rented the forklift from Deep South Equipment Company. The employee brought a lawsuit against Deep South and the forklift’s manufacturer on the ground that his injuries were caused by their negligent acts. He alleged the forklift was not properly maintained, or it malfunctioned because the backup alarm was not working.
In an insurance coverage dispute following a car accident, the Louisiana Third Circuit affirmed a judgment finding that the plaintiff was not insured under either insurance policy, and it dismissed her claims against the insurance company. A “garage policy” had been issued to a car dealership that provided uninsured motorist coverage and medical payment coverage. The issue in this case was whether the plaintiff was in fact “insured” for the purposes of UM coverage. Specifically, the court here looked at the policy language defining coverage and whether the definition of “insured” violated Louisiana law. In Lake Charles, Louisiana, in August 2013, the plaintiff in this case was involved in a two-car auto accident on I-210. She contended that she suffered injuries as a result of the accident. At the time of the accident, the plaintiff had been driving a borrowed car from Service Chevrolet, while her own car underwent repairs. A “garage policy” had been issued to Service Chevrolet, and the car driven by the plaintiff was a “covered auto” under the policy. The plaintiff settled her claims against the other driver and the other driver’s insurer. She then pursued a claim against the insurance company for Service Chevrolet for the remaining damages under the uninsured/underinsured (UM) “garage policy” and the medical payments coverage. The insurer moved for summary judgment, contending that the plaintiff was not “insured” because she maintained her own insurance. The trial court agreed and granted summary judgment. The plaintiff appealed.
In a recent automobile accident case, the Fifth Circuit Court of Appeal addressed choice-of-law provisions as well as the question of whether the defendant driver had been covered by her automobile insurance policy at the time of the accident. The plaintiffs, in this case, brought a lawsuit for damages against the driver of the vehicle that struck them, their automobile insurance company, and the uninsured/underinsured motorist carrier. The trial court granted the defendant insurance company’s summary judgment motion based on the argument that the insurance policy had been canceled before the accident because the defendant driver had not renewed by paying the required premium. The plaintiffs argued the trial court erred, and the defendant driver had not properly canceled the insurance policy, according to law. While the accident took place in Louisiana, on March 1, 2014, the automobile insurance policy had been issued in Mississippi. The policy terms made clear that the policy would terminate on January 10, 2014, if the insured did not accept an offer to renew the policy and to timely pay the required renewal premium. On appeal, the plaintiffs’ argument was that the insurance company had not mailed a notice of cancellation ten days before canceling the policy, as required by Louisiana law.