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Who Is Responsible?


Negligence Liability is determined by Louisiana Civil Code Article 2315,  Every act that causes damage to another obliges him by whose fault it happened to repair it. Fault is usually a form of negligence and what is negligence. A DUTY to do or not to do some action and a failure to do what the duty imposed. This assumes the breach of the duty resulted in a harm, loss, injury or death.

To establish a duty, consider:

1. What Statutes apply?

2. Whether the harm could have been anticipated by defendant?

3. Whether you should have been warned by defendant?

4. Whether harm caused was foreseeable by the defendant and he failed to act?

Even though the defendant caused an accident, sometimes there are more than one cause and

each cause of the injury and harm has to be assigned a percentage of fault, this is called

comparative fault.

Product Liability cases present more difficulties today after Governor Foster’s Tort Reform

legislation. Before Tort Reform, all one had to prove was that product was made by defendant,

that it was defective and that the defect caused the harm or injury. The proof is more difficult

today and very technical and beyond any easy statement, to attempt to do so what be confusing.

This site is to give you a quick review of laws that may govern your accident, nothing takes the

place of a free consultation with an attorney.

For more help, contact us.

Who Is Responsible?