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Category: Litigation

  • The Clock of Justice: When Do Louisiana Laws Take Effect?

    Golden clock face featuring the outline of Louisiana at its center, symbolizing the timing and application of laws, with black Roman numerals and antique gold detailing.Understanding When Louisiana Laws Apply: A Guide to Prospective and Retroactive Effects

    Imagine you’re involved in a legal matter, and the legislature passes a new law. Does it affect your situation? Or does it only apply moving forward?

    The timing of when a law takes effect — and whether it applies to past events — can drastically impact legal outcomes. In Louisiana, this concept is governed by Civil Code Article 6, which establishes when laws apply prospectively (looking forward) or retroactively (looking backward).

    The Rule: Louisiana Civil Code Article 6

    Art. 6. Retroactivity of laws

    In the absence of contrary legislative expression, substantive laws apply prospectively only. Procedural and interpretive laws apply both prospectively and retroactively, unless there is a legislative expression to the contrary.

    In other words, new laws usually apply only to future actions — but in certain cases, they can apply to past events depending on their nature.

    The General Rule: Laws Look Forward (Prospective Application)

    Most laws in Louisiana are prospective, meaning they only govern future conduct.

    This principle ensures fairness and predictability: people cannot be punished or have their rights altered by a rule that didn’t exist at the time of their actions.

    Think of it like a new rulebook for a game: the new rules apply to future matches, not the ones already played.

    Prospective laws are also known as substantive laws, because they establish new legal rights, duties, or obligations — and by default, they only apply moving forward.

    When Laws Look Backward: Interpretive Laws (Retroactive Application)

    There are, however, exceptions. One major exception involves interpretive laws — laws that don’t create new rules, but instead clarify what an existing law already meant.

    Because interpretive laws explain rather than change, they apply retroactively. They’re treated as though they’ve been part of the original law from the start.

    For example:
    If a property law used the term “adjacent” and its meaning was disputed, an interpretive law that clarifies “adjacent” would apply to past and present cases alike. It doesn’t create a new right — it simply explains the legislature’s original intent.

    Procedural Laws: The Mechanics of Justice

    Another key exception is procedural law — the set of rules that governs how legal cases are handled rather than what rights exist.

    Procedural laws might involve:

    • Filing deadlines

    • Evidence rules

    • Court procedures

    Because procedural laws are about method, not substance, they often apply both prospectively and retroactively — even to ongoing cases.

    The idea is to keep the judicial process efficient and uniform, ensuring fairness for everyone currently in the system.

    Why This Matters to You

    Understanding when a law applies can make a world of difference. It determines:

    • Whether a new law impacts your case

    • How courts will interpret older disputes

    • Whether you can rely on a previous legal rule or practice

    If a law changes midstream — or if new clarifications are made — knowing whether it applies to your situation is vital to protecting your rights.

    Because the nuances between substantive, procedural, and interpretive laws are subtle, consulting an experienced Louisiana attorney can help ensure your case is interpreted correctly.

    The Bottom Line: Timing Is Everything

    Louisiana’s Civil Code strikes a careful balance:

    • Substantive laws: usually prospective only

    • Procedural laws: generally retroactive and prospective

    • Interpretive laws: typically retroactive

    This approach ensures fairness while allowing the legal system to evolve and clarify itself over time.

    Need Legal Guidance?

    If you’re unsure whether a new or amended law affects your case, Berniard Law Firm can help.

    Our attorneys are well-versed in Louisiana’s Civil Code and can explain whether Article 6 applies to your specific situation.

    Other Berniard Law Firm Articles on Legal Matters: Ignorance of the Law: Why “I Didn’t Know” Isn’t a Defense in Louisiana

    and

    Who’s Responsible When a Step Collapses?

  • When the Law Is Silent: How Louisiana Judges Uphold Justice

    Bronze scales of justice labeled Justice, Equity, and Reason beside a wooden gavel on a judge’s bench in a traditional Louisiana courtroom, symbolizing fairness and judicial decision-making when the law is silent.The Unforeseen Gaps: Why Laws Can’t Cover Everything

    Imagine Louisiana’s laws as a vast, detailed tapestry woven to guide every aspect of daily life. Even so, no legal system — no matter how comprehensive — can anticipate every possible situation.

    So, what happens when a dispute arises in court, and no written statute or established custom directly applies?

    This is where Louisiana Civil Code Article 4 comes into play. It ensures that justice never stops simply because the law is silent. Instead, it empowers judges to decide cases based on equity, guided by reason, justice, and prevailing usages.

    The Foundation: Louisiana Civil Code Article 4

    Art. 4. Absence of legislation or custom

    When no rule for a particular situation can be derived from legislation or custom, the court is bound to proceed according to equity. To decide equitably, resort is made to justice, reason, and prevailing usages.

    This article defines how Louisiana judges must act when no existing law or custom applies. Rather than leaving cases unresolved, it gives courts both the authority and duty to make equitable decisions that reflect fairness and common sense.

    Beyond the Written Word: Applying Equity, Reason, and Custom

    Equity

    Equity is the principle of fairness — ensuring that justice is achieved even when no statute directly governs the issue. Judges apply equitable reasoning to avoid unjust results that strict legal interpretation might otherwise produce.

    Natural Law and Reason

    When judges appeal to natural law, they turn to universal principles of right and wrong that transcend written rules. Reason ensures that these decisions are logical, balanced, and grounded in moral understanding and societal norms.

    Prevailing Usages

    If no written law or clear precedent exists, prevailing usages — long-established customs or community practices — may help fill the gap. When a certain practice has been consistently observed and accepted as fair, it can serve as a guide for judicial decision-making.

    Why This Matters to You

    For Louisiana citizens, Article 4 is more than just a procedural rule — it’s a safeguard of fairness. It ensures that:

    • No one is left without a remedy. Even when legislation is silent, courts must act.

    • Justice adapts to real life. Courts use equity and reason to handle unique, unforeseen cases.

    • Fairness prevails. Judges consider moral and social principles to ensure outcomes align with justice.

    This article highlights that Louisiana’s judges are not mere “law readers” — they are interpreters of justice, entrusted to apply both law and logic where needed.

    The Human Element in Law

    Article 4 underscores the civil law tradition’s flexibility. It recognizes that law is not static — it must evolve and respond to the complexities of human life.
    By requiring courts to apply equity, Louisiana ensures that compassion and fairness remain at the core of its legal system.

    Navigating the Nuances of Louisiana Law

    Understanding how courts interpret the Civil Code when statutes are silent is essential for anyone facing a unique or unclear legal issue. Whether your case involves property rights, contracts, or personal disputes, principles of equity and reason could shape the outcome.

    Need Legal Guidance?

    When the law doesn’t provide a clear answer, Berniard Law Firm can help.
    Our experienced attorneys understand how Louisiana’s Civil Code — including Article 4 — applies to modern cases.

    📞 Contact us today for a consultation. We’re here to ensure that fairness, justice, and reason guide every step of your case.

    Other Berniard Law Firm Articles:Louisiana Law: Absence of Legislation or Custom — Understanding Civil Code Article 4

    and Understanding How Louisiana Laws Are Interpreted: Clear Language vs. Purpose

  • Understanding How Louisiana Laws Are Interpreted: Clear Language vs. Purpose

    Bronze scales of justice engraved with the words Clarity and Purpose, balanced on a polished wooden desk inside a law library with the Louisiana State Capitol visible through an arched window.Have you ever read a law and wondered what it truly means? Or found yourself facing a situation where a rule seemed to apply — but its exact implications were unclear?

    In Louisiana, our legal system is based on the civil law tradition, meaning that interpretation depends heavily on the Louisiana Civil Code. Understanding how courts interpret laws helps citizens, businesses, and legal professionals navigate their rights and responsibilities with confidence.

    Two key provisions — Article 9 and Article 10 of the Louisiana Civil Code — explain how our courts approach clear laws versus ambiguous ones.

    The Golden Rule: When the Law Is Crystal Clear (Civil Code Article 9)

    At its core, Louisiana law values clarity and precision.

    Louisiana Civil Code Article 9 provides the guiding principle:

    Art. 9. Clear and unambiguous law
    When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written, and no further interpretation may be made in search of the intent of the legislature.

    Think of it like following a recipe: if it says “Add two cups of flour,” there’s no debate — you add two cups.

    Similarly, when a law’s language is straightforward, the courts must apply it exactly as written. Judges and attorneys don’t speculate about what lawmakers meant — they apply what the law says. This principle ensures predictability, stability, and transparency, allowing citizens to understand their legal obligations simply by reading the text.

    When Things Get Fuzzy: Interpreting Ambiguous Laws (Civil Code Article 10)

    But what if the law’s meaning isn’t so clear?

    Sometimes legislation uses complex terms, appears inconsistent, or leaves room for interpretation. That’s where Louisiana Civil Code Article 10 comes into play:

    Art. 10. Language susceptible of different meanings
    When the language of the law is susceptible of different meanings, it must be interpreted as having the meaning that best conforms to the purpose of the law.

    Using our recipe analogy again: if it says “Add a pinch of seasoning,” that’s subjective. You’d interpret “a pinch” based on the purpose of the dish — whether it’s sweet or savory.

    In the same way, when Louisiana courts interpret ambiguous laws, they look to the purpose of the statute — the reason it was enacted and the broader legal framework it fits within. Judges may review legislative history, context, and the societal problem the law was meant to solve.

    Why These Interpretation Rules Matter to You

    These two articles — Article 9 and Article 10 — form the foundation of how Louisiana judges interpret the law. They affect real-world outcomes in cases involving:

    • Contracts

    • Property rights

    • Family disputes

    • Personal injury

    • Business obligations

    Here’s why they matter:

    • Predictability: When laws are clear, you can confidently act knowing what’s required.

    • Fairness: Ambiguities are interpreted consistently, ensuring justice and legislative intent.

    • Protection: Understanding how courts read laws helps you better advocate for your rights.

    Together, these rules create balance — applying laws strictly when clear, and flexibly when interpretation is necessary for fairness and purpose.

    Navigating Louisiana Law with Confidence

    Understanding how laws are read and applied is essential for anyone interacting with Louisiana’s legal system. While the plain meaning rule (Article 9) ensures consistency, the purpose-based rule (Article 10) ensures justice when clarity is lacking.

    If you’re unsure how a specific law affects your situation, don’t guess — get guidance from experienced professionals.

    Need Legal Guidance?

    At Berniard Law Firm, our attorneys are deeply familiar with Louisiana’s Civil Code and its interpretation principles.

    📞 Contact us today for a consultation to discuss how Articles 9 and 10 might impact your case. We’re here to help you navigate the law with clarity, confidence, and care.

    Other Berniard Law Firm Articles on Legal Matters: Did the Son Have the Right to Lend Dad the Company Truck?

    and When Accidents Happen: The Limits of a Homeowner’s Liability for a Child’s Injury

  • Legislation vs. Custom: Unpacking the Foundations of Louisiana Law

    Golden scales of justice balanced over a Louisiana state outline with law books and the State Capitol in the background, symbolizing the relationship between legislation and custom in Louisiana’s Civil Law systemThe Building Blocks of Justice: How Louisiana Laws Are Made

    Louisiana’s legal system is unique, drawing heavily from its Civil Code tradition. Unlike many other states that primarily rely on ‘common law’ (judge-made law), our system is rooted in comprehensive written statutes. But where do these rules come from, and how do we interpret them? Understanding the foundational principles of Louisiana law, as laid out in the Louisiana Civil Code, is key to knowing your rights and obligations.

    Legislation: The Primary Source of Our Laws (Louisiana Civil Code Article 2)

    When we talk about laws in Louisiana, we primarily refer to legislation. Civil Code Article 2 clearly defines legislation as “a solemn expression of legislative will.” In simple terms, this means the laws formally passed by our elected representatives in the Louisiana Legislature and signed by the Governor. These are the statutes, codes, and acts that govern everything from contracts and property to family matters and personal injury. They are written, publicly available, and intended to provide clear guidance for citizens and courts alike.

    The Role of Custom: An Important, But Secondary, Source (Louisiana Civil Code Article 1)

    While legislation is paramount, Civil Code Article 1 acknowledges another source of law: custom. But what exactly is a legal custom? It’s not just “how things have always been done.” Legally, a custom refers to practices that have been long-established, consistently observed, and widely accepted by the community as having the force of law. For a custom to be legally recognized, it usually needs to be reasonable, known, and consistent. Think of certain business practices or local traditions that, over time, become an unwritten rule that people generally follow and expect others to follow.

    When Legislation and Custom Meet: Legislation Always Prevails (Louisiana Civil Code Article 3)

    This brings us to a crucial point, brilliantly clarified by Louisiana Civil Code Article 3: “Customs may not abrogate legislation.” This short, powerful statement is incredibly important. It means that while customs can be a source of law, they can never override, repeal, or nullify a written law passed by the legislature. If there’s a specific statute on the books, no matter how widespread a custom might be, the legislation always takes precedence.

    For example, imagine a neighborhood where everyone has, for years, informally agreed to park their cars on the sidewalk on weekends. If a new city ordinance is passed explicitly prohibiting sidewalk parking, the long-standing custom of parking there would immediately be overridden by the new legislation. The custom, no matter how ingrained, cannot abrogate (cancel out) the written law.

    Why This Matters to You

    Understanding the hierarchy of legal sources in Louisiana is vital. It means that when you have a legal question or dispute, the first place to look is always to the written law – the legislation. Customs can offer context or fill in gaps where legislation is silent, but they can never contradict it. This principle ensures consistency, predictability, and fairness in our legal system, preventing uncertainty that could arise if unwritten traditions could simply undo formal laws.

    Need Legal Guidance? Contact Us Today.

    Navigating the intricacies of Louisiana law can be complex, even for seemingly straightforward situations. Whether you’re dealing with a contract dispute, property issue, or any other legal challenge, understanding how legislation and custom apply to your specific case is critical. Don’t rely on assumptions or “how things have always been done.” Our experienced legal team is here to provide clarity and protect your interests. Contact us today for a consultation to discuss your legal needs.

    Written by Berniard Law Firm

    Other Berniard Law Articles on the Louisiana Civil Code: The Two Pillars of Louisiana Law: Legislation & Custom Explained (CC Arts. 1-3)

    and The Foundations of Louisiana Law: Where Our Rules Come From

  • The Advocate Highlights Jeff Berniard’s Expertise in Smitty’s Supply Explosion Case

    Fire and smoke rise from a chemical plant following the Smitty’s Supply explosion in Tangipahoa Parish.
    The Advocate recognized attorney Jeff Berniard for representing families impacted by the Smitty’s Supply chemical plant explosion and fire.

    The Advocate recently recognized Attorney Jeff Berniard and the Berniard Law Firm for their role in representing families displaced by the Smitty’s Supply explosion and fire in Tangipahoa Parish. Read the full Advocate article here.

    The feature highlights Berniard’s track record of success in large-scale litigation. Over his career, he has served as class counsel and lead counsel in numerous high-profile cases, including lawsuits involving chemical leaks, defective products, insurance bad faith practices, and environmental disasters.

    His legal experience includes being appointed to plaintiff steering committees and class counsel roles in major cases such as:

    • Deepwater Horizon Oil Spill (MDL 2179) – Representing victims of one of the largest environmental disasters in U.S. history.

    • Chinese Drywall Litigation (MDL 2047) – Representing homeowners across Louisiana and beyond who faced toxic building materials.

    • Insurance Bad Faith Class Actions – Representing over 70,000 policyholders after Hurricanes Katrina and Rita.

    The Advocate’s recognition underscores the trust that courts, the media, and affected families place in Berniard’s ability to advocate for justice in the aftermath of industrial and environmental disasters.

    “Our mission has always been to stand up for people against powerful companies and insurers,” Berniard said. “Being recognized in The Advocate for our work on behalf of Tangipahoa Parish residents is a reminder of why we fight these battles every day.”

    You can contact the Berniard Law Firm’s office today to talk about your legal rights as a result of the Smitty’s Fire and lawsuits. Call our office today at 504-521-6000.

    See Also: Attorney Jeff Berniard Featured on WGNO for Leadership in Smitty’s Supply Class Action Lawsuit

    What You Need to Know About the Smitty’s Supply Explosion and Fire in Tangipahoa Parish

  • Berniard Law Firm Takes Legal Action for Families Displaced by the Smitty’s Supply Fire

    Thick smoke and flames rising from the Smitty’s Supply lubricant plant in Roseland, Tangipahoa Parish, after the August 22, 2025 explosion and fire.When the Smitty’s Supply facility erupted in flames on August 22, 2025, residents within a one-mile radius were ordered to evacuate. Families were forced from their homes, many for several days, unsure of when it would be safe to return. In the aftermath, thick soot, oily residue, and chemical contamination settled on homes, vehicles, and property—leaving long-term damage and raising serious questions about insurance coverage.

    The Berniard Law Firm has filed a class action lawsuit against Smitty’s Supply, Inc. seeking justice for affected residents. The petition alleges negligence, gross negligence, nuisance, trespass, and strict liability, arguing that Smitty’s failure to properly store and manage dangerous chemicals directly caused the disaster.

    Residents have reported:

    • Difficulty cleaning soot and ash from their homes and vehicles.

    • Property losses and decreased home values.

    • Health effects such as headaches, stomach aches, respiratory irritation, and anxiety.

    • Out-of-pocket expenses for relocation, cleanup, and repairs.

    While many homeowners will turn to insurance for relief, coverage disputes are likely. Insurers may attempt to minimize payouts or deny claims by pointing to exclusions for chemical damage, pollution, or industrial accidents. The lawsuit filed by the Berniard Law Firm seeks to ensure that residents are not left carrying the financial burden of Smitty’s negligence.

    Our legal team is actively investigating claims and working to protect the rights of those affected. If you or someone you know was displaced or suffered losses from the Smitty’s fire, you should understand both your legal and insurance rights.

    For a free consultation, contact the Berniard Law Firm today at (504) 521-6000 or online at GetJeff.com

  • Community Concerns After the Smitty’s Supply Explosion in Tangipahoa Parish

    Thick smoke and flames rising from the Smitty’s Supply lubricant plant in Roseland, Tangipahoa Parish, after the August 22, 2025 explosion and fire.The Smitty’s Supply plant explosion and fire in Roseland, Louisiana on August 22, 2025 has left the Tangipahoa Parish community shaken. Families were forced to evacuate, businesses were disrupted, and questions remain about the long-term impact of the disaster.

    While officials report that the fire is largely contained, many residents are still facing uncertainty—about their health, their homes, and their future.

    What Residents Experienced

    • Evacuations: Homes, schools, and businesses within a one-mile radius were evacuated immediately.

    • Environmental Fallout: Thick smoke and oily rainfall blanketed the area, leaving behind property damage and health concerns.

    • Lingering Worry: Even after the fire was 90% contained, many locals expressed concerns about possible chemical exposure and contamination of soil or water.

    Why This Matters

    Large-scale industrial accidents don’t just end when the flames go out. They can cause:

    • Respiratory or health issues from chemical exposure.

    • Property damage that requires costly repairs or cleanup.

    • Financial hardship due to missed work, medical bills, or temporary displacement.

    • Stress and uncertainty for families forced to leave their homes.

    These are not just inconveniences—they can have long-lasting effects.

    Do You Have Legal Options?

    If negligence played a role in the Smitty’s Supply fire, those responsible may be held accountable. Victims of this disaster may have legal claims for:

    • Medical expenses

    • Property cleanup or repair costs

    • Lost income

    • Emotional distress

    • Wrongful death claims (in the most tragic cases)

    Our Commitment to Tangipahoa Parish

    As a Louisiana-based law firm, we care deeply about protecting the rights of our neighbors. Our attorneys are already reviewing the situation at Smitty’s Supply and are prepared to investigate potential claims on behalf of affected families and workers.

    We will work tirelessly to:

    • Identify responsible parties

    • Secure fair compensation for victims

    • Provide compassionate support during this difficult time

    Contact Us for Help

    If you or someone you love was impacted by the Smitty’s Supply explosion in Tangipahoa Parish, don’t wait to get answers.

    📞 Call us today at 504-521-6000 or fill out our [contact form] for a free consultation.

    You don’t have to face this alone—we are here to stand by you.

  • Power Lines and Damaged Crops: Who Pays When Farming Meets Infrastructure?

    The following case revolves around the intersection of farming and infrastructure development, and the legal implications when construction activities impact agricultural land.

    Case Background

    Lanie Farms, a sugarcane and soybean farming operation, sued CLECO Power and its contractor, Highlines, for damages caused during the construction of new power lines across the farmland. Lanie Farms claimed that the construction activities damaged their crops and required costly remediation efforts. The trial court ruled in favor of Lanie Farms, awarding them $38,000 in damages. However, Lanie Farms appealed, arguing the award was insufficient. CLECO and Highlines also appealed, claiming the court should have dismissed the case.

    Legal Issues

    The case raised several key legal issues:

    • Measure of Damages: How should the damages to the crops be calculated – based on the gross value of the lost crops or the net value after deducting expenses?
    • Involuntary Dismissal: Did Lanie Farms present sufficient evidence to support their claims and avoid dismissal of their case?
    • Contractual Obligations: Did the servitude agreement between CLECO and the landowners create an obligation for CLECO to pay for damages to Lanie Farms’ crops?

    The Court’s Analysis

    The appeals court reviewed the evidence and addressed each of these issues:

    • Damages: The court acknowledged that while gross value is often used in pre-construction negotiations, this case was different. The court found that the net value, which accounts for expenses, was a more accurate reflection of the actual losses suffered by Lanie Farms.
    • Involuntary Dismissal: Although Lanie Farms primarily argued negligence, they also presented evidence of a contractual obligation by CLECO to pay for damages. The court found this sufficient to deny the motion for involuntary dismissal.
    • Contractual Obligations: The court confirmed that the servitude agreement created a “stipulation pour autrui” – a benefit for a third party (Lanie Farms). This meant CLECO was contractually obligated to compensate Lanie Farms for crop damage caused by their construction activities.

    Key Takeaways

    • Servitude Agreements: When granting servitudes for infrastructure development, landowners and lessees should carefully consider provisions for potential crop damage and ensure clear language regarding liability and compensation.
    • Expert Testimony: Expert witnesses play a crucial role in determining damages, especially in complex cases involving crop valuation and remediation costs.
    • Contractual vs. Negligence Claims: Even when negligence is alleged, the existence of a contractual obligation can significantly impact the outcome of a case.

    Outcome

    The appeals court affirmed the trial court’s decision, upholding the $38,000 damage award. This case demonstrates the importance of contractual agreements in determining liability for crop damage caused by infrastructure development. It also highlights the court’s discretion in assessing damages and the weight given to expert testimony.

  • When Accidents Happen: The Limits of a Homeowner’s Liability for a Child’s Injury

    A tragic accident involving a young boy with autism has raised questions about the legal responsibility of homeowners when someone is injured on their property. The case of Justin Stollenwerck v. Robert Schweggman, Jr., et al. explores the boundaries of a homeowner’s duty of care, especially when the injured party is the guest of a tenant. This blog post examines the case details and the court’s ruling, shedding light on the complexities of premises liability law.

    The Accident:

    Ryse Stollenwerck, a five-year-old boy with autism, was severely injured while playing at his mother’s boyfriend’s house. The boyfriend, Robert Schweggman Jr., was spinning another child around when they accidentally struck Ryse, causing serious injuries that left him wheelchair-bound and unable to speak.

    Ryse’s father sued Schweggman and the homeowner, John Ehret, claiming negligence. They argued that Ehret, who lived in Texas and rarely visited the Louisiana property, was negligent in allowing Schweggman and his son to play unsupervised, leading to Ryse’s injuries. They also suggested that Ehret, knowing Schweggman’s employment history, should have been aware that he was not equipped to care for a young autistic child.

    Ehret moved for summary judgment, arguing that he owed no duty to Ryse and had no obligation to supervise Schweggman or the children.

    The trial court granted Ehret’s motion for summary judgment, and the Court of Appeal upheld the ruling. The court emphasized that homeowners generally have no duty to protect others from the actions of third parties unless a “special relationship” exists, such as parent-child or employer-employee. In this case, no such relationship existed between Ehret and Schweggman. The court also noted that Ehret was unaware that Ryse and his mother were living in the house and had no knowledge of Schweggman’s activities with the children.

    Key Takeaways:

    This case highlights several important legal principles:

    • Limited Duty of Care for Homeowners: Homeowners are not automatically responsible for injuries that occur on their property, especially when caused by the actions of third parties.
    • Special Relationships and Duty to Protect: A duty to protect others from harm arises only in specific relationships, such as parent-child or employer-employee.
    • Foreseeability and Negligence: A homeowner can be held liable for negligence if the injury was foreseeable and they failed to take reasonable steps to prevent it. However, in this case, the court found that Ehret had no reason to foresee the accident.

    Conclusion:

    The Stollenwerck case serves as a reminder of the limitations of a homeowner’s liability for injuries occurring on their property. While the outcome is undoubtedly heartbreaking for the Stollenwerck family, it reinforces the legal principle that homeowners are not automatically responsible for the actions of others on their premises.

    Written By Berniard Law Firm

    Other Berniard Law Firm Articles on Homeowner’s Liability: Homeowner Liability Insurance Coverage Upheld for Harmful Accident and What happens if a roofer is injured while putting a new roof on your house?

  • Louisiana Medical Malpractice: When the Mailbox Rule Doesn’t Deliver

    Filing a medical malpractice claim in Louisiana involves navigating a complex process, including meeting strict deadlines. One crucial step is timely paying the filing fee to the Patient’s Compensation Fund Oversight Board (PCF Board). But does the “mailbox rule” apply to these payments? A recent Louisiana Court of Appeal case, In re: Medical Malpractice Review Panel Proceedings of Tiffany Anderson, grappled with this question, highlighting the importance of understanding the nuances of the law and the potential consequences of missed deadlines.

    Tiffany Anderson’s Case:

    Tiffany Anderson filed a request for a medical review panel with the PCF Board alleging medical malpractice. She mailed the required filing fee within the 45-day deadline, but the payment was not received by the PCF Board until after the deadline. The PCF Board declared her claim invalid, and the district court upheld this decision. Anderson appealed.

    The Court’s Decision:

    The Court of Appeal reversed the lower court’s ruling, stating that the “mailbox rule” should apply to filing fees. This rule generally states that a mailed document is considered filed on the date it’s mailed, not the date it’s received. The court reasoned that the law doesn’t specify whether “to pay” means the payment must be received or merely mailed within the deadline. In such cases, they favored the interpretation that preserves the claim.

    Dissenting Opinion:

    However, there was a dissenting opinion. Judge McDonald argued that the plain meaning of “to pay to the board” implies receipt of the payment, not just mailing it. He cited previous cases supporting this interpretation and expressed concern that applying the mailbox rule could circumvent the 45-day deadline. He also pointed to recent legislative changes suggesting a trend towards a “date of receipt” requirement.

    Key Takeaways:

    This case emphasizes the following crucial points:

    • Strict Deadlines in Medical Malpractice Claims: The Louisiana medical malpractice process involves strict deadlines. Missing any of them can have serious consequences for your claim.
    • The Mailbox Rule & Its Limitations: While the mailbox rule generally applies to filing legal documents, its applicability to payments like filing fees can be less clear.
    • Importance of Legal Counsel: Navigating the complexities of medical malpractice claims requires experienced legal guidance. An attorney can help you understand the deadlines, ensure timely filings, and advocate for your rights.

    The Tiffany Anderson case serves as a reminder of the importance of adhering to all deadlines in medical malpractice claims. While the court’s decision in this case favored the plaintiff, the dissenting opinion and other legal precedents highlight the potential risks of relying solely on the mailbox rule for payments. When in doubt, it’s always best to err on the side of caution and ensure your payments are received by the deadline.

    Written by Berniard Law Firm

    Other Berniard Law Firm Blog Articles on Medical Malpractice and Prescription Issues: Louisiana Court Upholds Prescription in Wrongful Death Suit, Highlights Joint Tortfeasor Rule and Grieving Widow Granted Opportunity to Fight Prescription in Medical Malpractice Case