In a premises liability case, determining whether prior accidents occurring on a defendant’s premises are admissible can be a challenge for defendants. The “substantial similarity” requirement for prior accident admissibility helps Louisiana defendants to prevent prejudicial evidence from coming before the jury.
Clarifying the Standard for Prior Accident Evidence
Louisiana courts follow a three-part test
On February 15, 2023, the Louisiana 4th Circuit Court of Appeal affirmed the trial court’s award of $2.75M each to the two surviving children of a deceased mesothelioma plaintiff and also affirmed the trial court’s award of judicial interest relating back to the date the original petition was filed.
In December 2021, after a
The Louisiana Fourth Circuit Court of Appeal held that an insurer must provide a complete defense to its insured in long-latency disease cases and that the duty to defend is not subject to proration. See Arceneaux v. Amstar Corp., 2014-0271 (La. App. 4 Cir. 2/25/15), 2015 WL 798980.
In Arceneaux, American Sugar sued