Law Office of John A. Venezia, APLC, lawyers in New Orleans, LA, Louisiana

The Eggshell Skull Rule

Suppose that a mugger approaches a jogger on a street, hoping to steal the jogger's wallet. In order to disable the jogger, the mugger strikes him on the head. Unbeknownst to the mugger, the jogger suffers from a rare medical condition that has made his skull as thin and fragile as an eggshell. Therefore, the mugger's assault kills the jogger. Under the "Eggshell Skull Rule," the mugger is liable for the death of the jogger, even though the jogger's death was unintended and unexpected.More...

Defamation and Protection of a Good Reputation

The law of defamation exists to provide some protection to a person's deserved good reputation. What is a person's reputation? It is the esteem to which the person is held or regarded by others. A person who does good and does not cause harm to others tends to develop a good reputation. It can be beneficial to have a good reputation. Others may reasonably rely on a person's good reputation in dealing with that person.More...

Federal Teacher Protection Act -- Exceptions

Under the federal Teacher Protection Act (TPA), a school employee may be immune from civil liability when a student is injured as a result of the employee's attempt to discipline or control the student. However, the TPA does not apply under some circumstances.More...

Fraud Requires Deceitfulness and Reasonable Reliance

Liability for fraud exists when six elements are proven: (1) knowingly, recklessly, or without reasonable grounds, (2) making a material misrepresentation (3) to deceive another (4) who reasonably relies on the misrepresentation (5) causing that person (6) actual damages. This article discusses the third element, deceitfulness, and the fourth element, reasonable reliance.More...

Attorney Malpractice Liability to Non-Client

In the course of an attorney's representation of a client, he may commit legal malpractice with respect to his prosecution, defense, or appeal of the client's action or his preparation of transactional documents for the client. The attorney's actions may constitute legal malpractice if he fails to use the skill, prudence, and diligence that attorneys of ordinary skill and capacity would use in performing their legal tasks. In addition to being liable to the client, the attorney may also be liable to a non-client in certain circumstances.More...