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Simien & Simien Personal Injury Law Blog

What You Need to Know About Your Rights Under the Louisiana Mineral Code

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The Louisiana mineral code governs the ownership and excavation of minerals under land you own. Minerals include oil, gas, soil, gravel, shells, underground water, and other naturally-occurring substances found in soil or geological formations on or beneath land.

Our seasoned attorneys have compiled answers to common questions about different aspects of the mineral code. This will help you understand your rights if an oil, gas or mining company approaches you about excavating minerals under your land.

If you believe your mineral rights were violated or your land was damaged when companies extracted minerals, contact our environmental damage lawyers for a free, no obligation legal consultation. We can review all of your legal options.

Do I Own the Minerals on My Land?

Under Louisiana RS 31:6, you do not own the minerals under your land. The law grants ownership only after you extract minerals from the ground and have physical control, which allows you to deliver them to another entity. For example, landowners would have possession of oil only after pumping it from the ground and putting it into a tank or pipeline.

How to Prove Another Party is at Fault in a Personal Injury Case

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You cannot recover compensation in a personal injury case unless you prove another party is at fault for the accident that led to your injury.

You will not be able to prove another party is at-fault unless you gather evidence to support the four elements of negligence.

Below, our experienced Baton Rouge personal injury lawyers explain how to establish the four elements of negligence along with the different types of evidence you can use to support your claim.

If you suffered a personal injury that you believe was caused by another party's negligence, contact us today for a free legal consultation.

Four Elements of Negligence

These are the four elements of negligence that must be proven in a personal injury claim:

1. The Other Party Owed the Victim a Duty of Care

A duty of care is a legal obligation to act in the way a reasonable person would to prevent injuries to others. The specific duty of care depends on the situation. For instance, all drivers have a duty to obey traffic laws and avoid reckless driving to keep other drivers safe.

2. The Duty of Care was Breached

A duty of care is breached when someone fails to act the way a reasonable person would if he or she were in a similar situation. For example, a reasonable person would follow traffic signals and signs and not disregard them.

3. The Breach Caused Your Injury

There must be a causal relationship between the breach of duty of care and your injury. This means you need to show that your injury would not have occurred without the breach of duty of care.

4. You Suffered Damages Because of the Other Party's Actions

You cannot recover compensation in any personal injury case unless you show that your injuries caused damages, such as medical expenses, property damage, lost wages, or pain and suffering.

5 Motorcycle Safety Strategies to Prevent an Accident

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Unfortunately, there is nothing motorcycle riders can do to guarantee they will never be involved in an accident or suffer injuries if a crash occurs. There are simply too many factors that are out of their control.

However, there are many things you can do to reduce your risk of being involved in a motorcycle crash. Our Baton Rouge motorcycle accident attorneys have compiled a list of motorcycle safety tips to help keep you safe.

If you are ever involved in a crash, do not hesitate to contact our firm to review your legal options.

1. Always Wear a Helmet

This is more than a common-sense safety tip, it is the law in Louisiana. Under Louisiana Revised Statute 32:190, anyone riding a motorcycle on a Louisiana roadway must wear a helmet made for motorcycle riders. The helmet must be secured by a chin strap and have padding, lining and a visor.

Statistics from various organizations show that riders who do not wear helmets make up a large percentage of those who die in motorcycle crashes.

For instance, of the 14,283 motorcyclists killed in crashes between 2008 and 2010, 42 percent were not wearing helmets, according to a report from the U.S. Centers for Disease Control. In Louisiana, 21 percent of motorcyclists killed in crashes in 2013 were not wearing helmets, according to National Highway Traffic Safety Administration statistics.

Helmets may not prevent all head injuries if you are involved in a crash. However, a helmet can help ensure your injuries are less severe than they would be if you were not wearing a helmet.

2. Wear Appropriate Clothing

Wearing appropriate clothing and gear can help protect you from road rash, bugs and road debris.

Avoid wearing things like T-shirts, sandals or shorts. You should opt instead for long pants, footwear that covers your ankles and a jacket. If you want maximum protection, wear leather clothing, including a reinforced jacket, boots and gloves. Like helmets, these things may not prevent injury, but they could help make injuries much less severe.

Many riders like to buy dark-colored clothing, but this is a bad idea because it makes it harder for drivers to see you. Try to find jackets and other clothing in bright colors as it makes you more visible.

Types of Product Liability Cases You Can File

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Every year, thousands of individuals are injured by defective products, from car parts and prescription medications to medical devices and implants.

When these injuries occur, victims may be able to file product liability claims to obtain compensation for the physical, financial and emotional damages they have suffered.

There are three types of product liability claims based on three different legal theories: defective manufacture, defective design or defective warnings.

Simien & Simien's Baton Rouge defective product attorneys review these three legal theories below. If you think you might be able to file one of these claims, contact our office to discuss your case with an experienced attorney.

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