Louisiana Personal Injury Law: Take Your Victim as You Find Him/Her

A tortfeasor or negligent wrongdoer must take his victim as he finds him or her. The wrongdoer is responsible for all the natural and reasonable consequences of his wrong, even though they are made much more serious or harmful by reason of a pre-existing physical defect or weakness of the injured party. Differently stated, The duty of care and of abstaining from injuring another is due to the weak, the sick, the infirmed, equally with the healthy and the strong, and when that duty is violated the measure of damages is the injury inflicted, even though that injury might have been aggravated or might not have happened at all, but for the peculiar physical condition of the person injured. See Robnett v. Great American Ins. Co. of New York, 187 So.2d 152 (La.App. 2d Cir.), writ ref’d, 249 La. 470, 187 So.2d 445 (1966); Johnson v. Ceaser, 304 So.2d 855 (La.App. 4th Cir. 1974); and Taylor v. Rome, 303 So.2d 844 (La.App. 1st Cir. 1974).

If you or a loved has been seriously injured or suffered a wrongful death as a result of a Louisiana accident, contact the Louisiana injury attorneys at Dué, Guidry, Piedrahita & Andrews. Email Louisiana Injury Lawyers or call (800) 929-7481 to schedule a free consultation.