Shared Flashcard Set


Louisiana Bar Review Torts
Louisiana Bar Review Torts

Additional Law Flashcards





Louisiana Torts


The Duty-Risk Analysis

  • Cause-in-Fact
  • Duty
    • Traditional Duty
    • Scope of Duty
  • Breach
  • Injury

Louisiana Torts


The Pitre Policy Factors

  • The plaintiff's need for compensation
  • The historical development of precedents
  • The moral aspects of the defendant's conduct
  • The efficient administration of the law
  • The deterrence of future harmful conduct
  • The capacity of the respective parties to bear or distribute loss

Louisiana Torts


The Louisiana Merchant Liability Act

(R.S. 9:2800.6)


Under the LMLA, the plaintiff must first allege and prove that the defendant is a merchant, defined as "a party whose business it is to sell goods, foods, wares, or merchandise.


The plaintiff must also allege and prove that

  • The condition presented an unreasonable risk of harm
  • The harm was reasonably foreseeable
  • Prior to the harm, the merchant either created or had actual or constructive notice of the condition which caused the harm
  • The merchant failed to exercise reasonable care
NB:  Constructive notice is found when the condition existed for such a period of time that it would have been discovered is the merchant had exercised reasonable care.
NB:  Under 

Louisiana Torts


Vicarious Liability


The plaintiff must prove that

  • An employment relationship existed
  • The employee's activities were within the course and scope of the employment relationship
  • The employee acted negligently

Louisiana Torts


The Louisiana Products Liability Act


Under the LPLA, the plaintiff must prove:

  • The defendant is a manufacturer
  • The plaintiff has suffered injury
  • The product is unreasonably dangerous due to one or more of the following four defects:
    • Defective Construction or Composition
    • Design Defect
    • Failure to Warn
    • Breach of an Express Warranty
  • The defect is the proximate cause of the plaintiff's injury
  • The damage resulted from a reasonably anticipated use of the product
  • The defect existed at the tim the product left the manufacturer's control

Louisiana Torts


Comparative Fault:

The Watson Factors

  • Whether the party's conduct resulted from inadvertence or involved awareness of danger
  • How great the risk created by the party's conduct was
  • The significance of what was sought by the party's conduct
  • The relative capabilities of the parties, whether superior or inferior
  • Extenuating circumstances
  • The relationship between the negligence of the party's conduct and the harm to other parties

Louisiana Torts


Medical Malpractice

The Coleman v. Deno Factors

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