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Page 325
... prove claim of strict liability liability theory unless the injured party proves on part of public entity , plaintiff was required to ( 1 ) that the entity had actual or constructive plead and prove that there was defect in publicnotice ...
... prove claim of strict liability liability theory unless the injured party proves on part of public entity , plaintiff was required to ( 1 ) that the entity had actual or constructive plead and prove that there was defect in publicnotice ...
Page 388
... prove each of three statutory elements ; failure to prove any of these required elements will prove fatal to a plaintiff's claim . Bell v . American General Inv . L.L.C. , App . 2 Cir.2005 , 911 So.2d 408 , 40,117 ( La.App . 2 Cir . 9 ...
... prove each of three statutory elements ; failure to prove any of these required elements will prove fatal to a plaintiff's claim . Bell v . American General Inv . L.L.C. , App . 2 Cir.2005 , 911 So.2d 408 , 40,117 ( La.App . 2 Cir . 9 ...
Page 389
... prove : ( 1 ) condition which caused injury created foresee- able and unreasonable risk of harm , ( 2 ) mer- chant had actual or constructive notice that condition existed for period of time prior to accident , and ( 3 ) merchant failed ...
... prove : ( 1 ) condition which caused injury created foresee- able and unreasonable risk of harm , ( 2 ) mer- chant had actual or constructive notice that condition existed for period of time prior to accident , and ( 3 ) merchant failed ...
Common terms and phrases
12 LA Civil accident actual or constructive Added by Acts agritourism alleged allegedly Appeal And Error Automobiles burden of proof City Civil Law Treatise claim constructive notice customer's damages death defect defendant Dept discretionary DOTD duty employee establish exercise reasonable existed expert testimony Facts 3d failed failure fell floor gence Health Hosp hospital jury La.App Liability Act LPLA Limitation of liability Louisiana law Louisiana Products Liability manufacturer medical malpractice action ment merchant Municipal Corporations Negligence nurse owner Parish patient patron physician plaintiff premises prior Products Liability Act Proof of Facts prove public entity recreational use statutes rehearing denied res ipsa loquitur result risk of harm slip and fall standard of care strict liability Subsection summary judgment surgeon surgery tion tort Transp treatment trial court ucts Liability unreasonable risk unreasonably dangerous Wal-Mart Stores warning Westlaw Winn-Dixie writ denied writ granted