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accident activity actual alleged Appeal applicable Automobiles breach caused City Civil claim condition constructive notice Corporations court created damages death defect defendant Department Dept determine Development doctor duty emergency employee Error establish evidence exercise existed expert fact failed failure fall fell finding floor harm hazardous Health Hosp hospital immunity injury instructions issue judgment jury knowledge La.App land limitation loss Louisiana Louisiana Products Liability LPLA manufacturer medical malpractice action ment merchant Municipal Negligence Note nurse occurred officer operation owner Parish patient patron performed person physician plaintiff practice premises presented prior procedure Products Liability Products Liability Act prove reasonable recreational rehearing denied result risk slip standard statute statutory suffered sufficient supported surgeon surgery testified testimony tion tort treating Treatise treatment trial unreasonably dangerous vehicle warning writ denied writ granted