This time of year is, obviously, an extremely festive one in New Orleans and around Louisiana. Along with all of the happiness and revelry, however, will also come some misfortune and injuries. In some cases, the injuries may be a result of insufficient precautions. When that happens, you may be entitled to compensation from those who didn’t take those reasonable precautions. For answers and representation in these and other kinds of injury situations, talk to a skilled Louisiana premises liability lawyer.
A recent case from Terrebonne Parish presents an unfortunate picture of revelry that got out of hand. Albert, a sheriff’s deputy for Terrebonne Parish, accepted a job working security at a pool party put on after Houma Carnival and hosted by one of the parade’s most well-known krewes. At the party, alcohol allegedly flowed freely, which was probably not a surprise to the deputy. However, at one point during the wild party, as a fight broke out, and Albert attempted to intervene and break it up, members of the krewe turned on him and attacked him, according to his complaint. Albert suffered a concussion and other serious injuries, the Houma Times reported.
Albert sued the club. In many situations, an entity like a Carnival or Mardi Gras krewe cannot be held legally liable for the acts of third parties. There are certain situations, though, in which a group might become liable based upon acts that made it independently negligent (and to blame) for the injuries that occurred. That was what Albert’s lawsuit argued. His legal brief asserted that “the krewe’s complete and total lack of effort in attempting to monitor and or control the distribution and consumption of alcohol at its pool party, coupled with its historical and actual attitude of encouraging wild and anything-goes krewe gatherings,” made it negligent. According to the Times, the brief also asserted that the krewe member in charge specifically “fostered the crowd’s belligerent attitude of a wild west brawl.”
The key in cases like this is often proof of foreseeability. If the injured person can show that the attack and the injuries he suffered were a foreseeable result of the defendant’s improper action or inaction, he may be entitled to pursue his case. If the injuries were not a foreseeable result, he won’t. Albert’s court papers hit upon this issue of foreseeability. Albert alleged that the krewe failed “to foster any type of reasonable behavior” and that it failed to institute “methods to control unreasonable behavior at the subject pool party,” thereby making the risk of the partygoers getting out of control (and injuries occurring as a result) foreseeable.
At this time of year, with many activities going on, many injuries may also occur. If you’ve been injured due to the negligence of someone else, reach out to the skilled Louisiana brain injury attorneys at the Cardone Law Firm. Our experienced lawyers have been fighting for injured people for many years and are ready to go to work for you.
For your confidential consultation, contact us online or phone Cardone at 504-522-3333.
More Blog Posts:
Parade Pandemonium: Our Legal Analysis of the Rights of Dozens Injured in Endymion Mardi Gras Parade Crash, Louisiana Injury Lawyers Blog, Feb. 28, 2017
New Orleans, Mardi Gras, Beads… and Injuries, Louisiana Injury Lawyers Blog, April 7, 2016