Louisiana Injury Lawyer Blog

Baton Rouge, Louisiana trial attorneys, Randy Piedrahita and Kirk Guidry, of the Louisiana personal injury law firm, Due', Price, Guidry, Piedrahita and Andrews, obtained a jury verdict in St. Landry Parish, Louisiana, in excess of $15,000,000. Multiple members of the same family were burned when their house exploded due to fugitive natural gas that was negligently released into their rent house. The gas utility, CenterPoint Energy, had turned off their natural gas at the meter due to non-payment of their gas bill. After several weeks, a family member broke the plastic lock placed on the meter by CenterPoint with a household wrench, forgetting that he had left an open gas line in the house after removing a gas appliance. Plaintiff Attorney Randy Piedrahita presented evidence to the jury that the plastic lock did not meet industry standards and that a metal lock, as used by many competitors, should have been in place to prevent consumers from turning on their own gas, so as to prevent foreseeable explosions. CenterPoint alleged that in addition to the plastic lock, that it installed a metal blind plate inside the meter to prevent the flow of gas, and that the blind plate must have been removed by the consumer. After deliberating for several hours, the St. Landry Parish jury disagreed, finding CenterPoint Energy 50% at fault for the accident and resulting burn injuries.

Continue reading "St. Landry Parish Louisiana Jury Awards Over $15,000,000 to Burn Injury Victims" »

On the morning of June 3, 2010, a 2008 Peterbilt 18 wheeler ran off I-55 and hit a tree, causing the big rig to jack-knife and catch on fire. The 29 year old driver was pronounced dead at the scene of the accident.

Continue reading "Tangipahoa Louisiana 18 Wheeler Wreck on I-55 Claims Life" »

On the evening of March 31, 2010, a distracted Louisiana truck driver allegedly caused a nine vehicle accident on Interstate 57 in Illinois, when the 18 wheeler he was operating rear-ended a vehicle in a construction zone. The Louisiana truck driver was allegedly looking down at a map when he encountered the slow moving traffic. Three people were killed when their SUV caught on fire. Thirteen people were hospitalized.

According to the United State Department of Transportation, there are three primary types of distracted driving: 1) visual or taking your eyes off the road; 2) manual or taking you hands of the wheel; and 3) cognitive or taking your mind off what you are doing. Examples of activities that distract drivers include texting, grooming, talking to passengers, eating and drinking, reading (including maps), watching electronic devices, using a cell phone and changing the radio station or other music player.

Continue reading "Distracted Louisiana Truck Driver Causes Rear End 18 Wheeler Accident in Illinois" »

After asking the East Baton Rouge Parish jury for $1.1 million, Louisiana Association for Justice President (LAJ) President Donald W. Price of the Baton Rouge, Louisiana personal injury law firm of Due', Price, Guidry, Piedrahita & Andrews obtained a $2.1 million medical malpractice jury verdict on April 30, 2010. The East Baton Rouge Parish jury found a local pediatrician negligent for prescribing the wrong antibiotic to a Zachary, Louisiana child that caused Stevens-Johnson syndrome and led to the loss of 65% of her skin. The pediatrician told the patient's mother he was prescribing Omnicef for a sinus infection, but actually prescribed Septra DS, a sulfa antibiotic not approved for the treatment of sinus infections.

"It's not something that had ever happened to me before," Donald Price said of the jury awarding more than he requested. "We were gratified." Unfortunately, Louisiana's $500,000 medical malpractice cap will prevent recovery of the entire jury verdict.

Continue reading "Baton Rouge Louisiana Personal Injury Lawyer Obtains $2.1 Million Medical Malpractice Jury Verdict" »

Law 360 interviewed Baton Rouge Maritime attorney, Kirk A. Guidry, of the Baton Rouge injury law firm of Due', Price, Guidry, Piedrahita & Andrews. The article written by Jesse Greenspan appeared on April 23, 2010, and is entitled Much Litigation Expected After Oil Rig Explosion. Kirk Guidry told Law 360 that any personal injury or wrongful death cases would likely be brought under the Jones Act and would therefore not be removable to federal court. Kirk Guidry also stated that the first big issue that would have to be resolved is the limitation of liability issue, which will be argued in Federal Court.

Continue reading "Baton Rouge Maritime Attorney Interviewed about BP Oil Rig Explosion and Oil Leak Litigation" »

The Deepwater Horizon oil platform sank into the Gulf of Mexico yesterday after burning out of control following an explosion. Eleven workers are still missing and are not expected to be found alive. At least one lawsuit has already been filed against the rig's owner, Transocean, Ltd., and contractor, BP. In addition to the devastating loss of life that is expected to result from this preventable explosion, extreme environmental damage is also expected since the oil platform carried 700,000 gallons of diesel fuel and could spill as much as 8,000 barrels of crude oil a day.

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At least four oil rig workers were critically injured, and eleven oil rig workers are missing following an explosion and fire on the mobile offshore drilling rig, Deepwater Horizon. The rig was in the Gulf of Mexico around 50 miles southeast of Venice, Louisiana when the explosion and fire occurred on Tuesday, April 20, 2010, around 10 p.m. It is reported that the drilling rig is leaning badly and may become submerged. The drilling rig is believed to be owned by Transocean and is believed to be operated for BP. A hotline has been set up for family members to obtain information--call 832-587-8554.

Continue reading "Explosion and Fire on Gulf of Mexico Mobile Offshore Drilling Rig Near Venice Louisiana" »

A Franklinton, Louisiana man driving a 2001 Ford Expedition attempted to pass four vehicles in a no-passing zone on Louisiana Highway 10 around Bogalusa, Louisiana, on Friday, April 16, 2010, resulting in a head-on collision car wreck with a 2001 Ford truck that caught on fire after impact. The drivers of both vehicles were killed. One passenger in the Ford Expedition received moderate injuries and a restrained child received serious injuries.

According to Baton Rouge, Louisiana car wreck lawyer, Scott Andrews, the driver of the 2001 Ford expedition is presumed to be at fault in causing the head-on collision because he was passing in a no-passing zone in violation of the Louisiana Highway Regulatory Act and because the car wreck occurred in the opposing lane of travel.

Continue reading "Bogalusa Louisiana Head-On Collision Car Wreck Injures Two and Kills Two " »

I am a Baton Rouge, Louisiana medical malpractice lawyer who recently underwent a minor overnight medical procedure that resulted in an unexpected and severe burn injury to my face. When I left the hospital, the extent of the burn injury was suspected to be minor and the cause was unknown. When I got home, I realized that the burn was much more severe than I had thought and I was extremely angry. I contacted the medical facility and the director promptly returned my phone call, expressed his genuine concern, and assured me that every effort would be made to determine the cause of the burn so that no other patients would be harmed. I was satisfied with the response and no longer felt any ill-will toward the facility for what happened to me because as a medical malpractice lawyer, I realize that sometimes bad things happen, complications occur, and injuries are sustained, but that does not mean that medical malpractice has occurred. A simple and sincere phone call was all that was necessary to "calm the savage beast".

All too often, however, I hear about medical providers faced with even minor complications or unforseen injuries who ignore their patients or, worse yet, treat their patients like it was their fault. In my humble opinion, a good bed-side manner, an empathetic ear, and an expression of concern for the patient goes along way toward reducing medical malpractice lawsuits involving accepted complications and unforeseen injuries. I would venture to say that over one-half of all of my medical malpractice consultations with potential clients begin with a recitation of how poorly the patient or his/her family felt they were treated by the medical provider after the complication or injury occurred. So, follow the Golden Rule--Do Unto Others as You Would Have Them Do Unto You--and we will all sleep a little better at night. Of course, if the complication or injury is the result of actual medical malpractice, even a kind and understanding health care provider should be held accountable for his/her actions.

Continue reading "Louisiana Medical Malpractice Lawyer With Burn Injury Believes in the Golden Rule" »

Two men supposedly cooking fish were rushed to Springhill Medical Center and then to LSU Medical Center's Burn Unit in Shreveport, Louisiana, with serious burn injuries following an explosion at their Sarepta, Louisiana home on December 29, 2009. Webster Parish Deputies are investigating the true cause of the explosion. According to the United States Fire Administration, 84% of all civilian fire deaths occurred in residences in 2008. Baton Rouge, Louisiana burn injury attorney, Scott Andrews, warns residents to never leave an active cooking appliance unattended, never place hazardous or flammable liquids near a gas hot water heater, and never leave flammable materials near space heaters.

Continue reading "Louisiana Men in Shreveport Hospital with Serious Burn Injuries Following Webster Parish Home Explosion" »

The Consumer Product Safety Commission announced that Watts Regulator Company voluntary recalled about 900 one inch 140X-9 Temperature and Pressure Relief Valves sold through distributors nationwide from October 2006 through July 2009 for between $250 and $280. The valves were typically sold as replacement parts for large water heaters used in commercial locations and large homes. The relief valve can fail to reduce pressure and avert failure or rupture of the water heater tank and associated valves, posing rupture and burn hazard to consumers and their property. Consumers and users should immediately contact Watts Regulator to schedule a free repair or to obtain more information.

Continue reading "Rupture and Burn Hazards Prompt Recall of Temperature and Pressure Relief Valves for Large Water Heaters by Watts Regulator " »

On December 7, 2009, an 18 wheeler tanker truck overturned on the I-49 on-ramp at U.S. Highway 190 in Opelousas, Louisiana. The tractor tanker reportedly leaked sodium hydroxide, which is a hazardous chemical that can cause burns on the skin. According to Baton Rouge, Louisiana truck accident attorney, Scott Andrews, accidents involving overturned tractor trailers on interstate on-ramps and off-ramps are usually "avoidable accidents." Tanker drivers must have a tank endorsement to operate a tanker, which endorsement is intended to ensure that the tanker operator has been trained in how to operate a tanker and its constantly shifting liquid contents. If the tractor tanker is operated in a safe manner and at a safe speed, the 18 wheeler should not overturn.

Fortunately, no one appears to have been harmed by the toxic and hazardous chemical reportedly spilled. Unfortunately, the truck driver and his employer may escape from any liability because no one was injured. Prior to the 1996 tort reform in Louisiana, operators of trucks transporting toxic and hazardous substances could be punished by awards of punitive or exemplary damages for their wanton and reckless conduct. Now, trucking companies that act in a wanton or reckless manner are no longer subject to punishment, and can only be held liable for the actual harm they cause.

Continue reading "Tanker Truck Overturns on I-49 in Opelousas, Louisiana" »

On October 28, 2009, the Consumer Product Safety Commission (CPSC) announced that about 610,000 Halloween themed flashlights manufactured in China and sold exclusively at Target stores from August 2009-September 2009 have been recalled. The $1 "Mini Flashlights (3 Pack)" with key rings and the $2.50 "Flashlight with Stencil" can overheat and melt, posing a burn hazard. To avoid injury, consumers should stop using the flashlights immediately and return them to any Target store for a full refund. For additional information, contact Target at (800) 440-0680 between 7 a.m. and 6 p.m. or visit www.target.com.

According to the American Burn Association, 500,000 people seek medical treatment each year for burn injuries. Each year approximately 3,500 deaths are caused by residential fires and 500 deaths result from other sources such as motor vehicle and aircraft crashes, contact with electricity and chemicals or hot liquids and substances.

Continue reading "Halloween Flashlights that Pose a Burn Hazard are Recalled" »

Kirk Guidry and Scott Andrews settled a product liability case involving multiple burn injuries and deaths from a fuel-fed fire for a confidential amount. On August 6, 2002, five passengers were severely burned and two of them died from their severe burn injuries after their 2000 Chrysler/Plymouth Grand Voyager mini van (NS body 1996-2000) climbed upon and straddled a metal guard rail on Interstate 55 (I-55) in Kentwood, Louisiana, after sustaining a tire blow-out. A metal I-beam supporting the guard rail sliced the mini van's unprotected high density polyethylene fuel tank which was located forward of the rear axle.

The Baton Rouge, Louisiana burn injury lawyers at Due', Price, Guidry, Piedrahita & Andrews brought a product liability action under the Louisiana Products Liability Act, La. La.R.S. 9:2800.51, et seq., against the mini van's manufacturer, DaimlerChrysler Corporation, alleging that the numerous skid plates, metal shields and other protective devices used on many all wheel drive vehicles and most SUVs are designed to prevent fuel tank puncture from guard rails, road debris, curbs, sign posts, etc., and were capable of preventing the fuel-fed fire that caused plaintiffs' injuries, and therefore should have been incorporated into the design of the mini van's fuel system. A claim was also brought against the State of Louisiana, through the Department of Transportation and Development for the unreasonably dangerous condition of the metal I-beams supporting the guard rail.

Continue reading "Baton Rouge, Louisiana Burn Injury Lawyers Settle Fuel Tank Shielding Case" »

Baton Rouge, Louisiana burn injury attorney, Scott Andrews, of the Louisiana personal injury law firm of Due', Price, Guidry, Piedrahita & Andrews, completed a settlement involving severe burn injuries sustained by a young woman when a deep-fat fryer overturned.

Plaintiff was injured at a retail food establishment (portable trailer) in Bastrop, Louisiana. The accident occurred as she walked by a counter where an electric counter-top deep fryer was located--she slipped on the recently mopped floor and reflexively grabbed the fryer basket handle and pulled the fryer from the counter-top spilling the hot grease all over her body. She sustained 57% total body surface second degree burns and underwent seven surgeries.

The allegedly defective fryer was a Model 301HLSMA Electric Counter-Top Deep Fat Fryer manufactured by Star Manufacturing International, Inc. The fryer was marketed for "out-of-box" installation because it comes from the manufacturer already assembled, except for the screw-in legs, and plugs into an appropriate electrical outlet. Plaintiff alleged that the deep fryer was defective because it did not include a restraining device and/or because the manufacturer did not inform the purchaser that the fryer should be restrained as it does for the gas counter-top deep fat fryers it manufactures. Star Manufacturing countered that it was not liable because the electric counter-top deep fat fryer and its warnings met all applicable standards.

Continue reading "Burn Injury Attorney Settles Bastrop, Louisiana Product Liability Case" »