general tort principle (Louisiana) · Go Syfert
← Louisiana issues

general tort principle in Louisiana

6 Louisiana opinions name it 1 courts 1974–2011 0 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Gregory v. Guariscogreen
lactapp · 1975 · cited in 2 Louisiana opinions naming this issue, 1978–1980
2 sentences

1980The court quoted with approval from Gregory, supra, at p. 559: "The general tort principle obviously applicable to this case is that `those who use or handle dangerous agencies, substances or instrumentalities such as explosives, electricity, firearms, combustibles and *904 fireworks, which might endanger persons or property, are held to a high degree or extraordinary degree of care.'" In the supreme court case of Naquin v. Marquette Casualty Company, 244 La. 569 , 153 So.2d 395 (1963), the court made the following statement regarding natural gas: "In Raphael Brothers v. Cerophyl Laboratories,

1978The general tort principle obviously applicable to this case is that "those who use or handle dangerous agencies, substances or instrumentalities such as explosives, electricity, firearms, combustibles and fireworks, which might endanger persons or property, are held to a high degree or extraordinary degree of care." Gregory v. Guarisco, 320 So.2d 354, 356 (La.App. 2nd Cir. 1975).

12
Levy v. State, Char. Hosp. of La. at N. Orleans Bd. of Ad.green
la · 1968 · cited in 1 Louisiana opinions naming this issue, 2010–2010
1 sentence

2010See Levy, 253 La. at 76 , 216 So.2d at 819 ; see also Hubgh v. New Orleans and Carrollton Railroad Company, 6 La.Ann. 495 (La.1851)(wherein whether there could be any grounds for an action for damages for the death of a human being, the court held: “[o]n general principles, the only private rights which laws recognize, and which constitutions are established to protect, are the rights of persons and the rights of property....

11
Hubgh v. New Orleans & Carrollton Railroadgreen
la · 1851 · cited in 1 Louisiana opinions naming this issue, 2010–2010
1 sentence

2010See Levy, 253 La. at 76 , 216 So.2d at 819 ; see also Hubgh v. New Orleans and Carrollton Railroad Company, 6 La.Ann. 495 (La.1851)(wherein whether there could be any grounds for an action for damages for the death of a human being, the court held: “[o]n general principles, the only private rights which laws recognize, and which constitutions are established to protect, are the rights of persons and the rights of property....

11
Cothern v. LaRoccagreen
la · 1970 · cited in 1 Louisiana opinions naming this issue, 1974–1974
2 sentences

1974(Art. 670, stating an owner's liability to "neighbors or passengers" [passers-by], is not applicable when the person injured is on the property itself; see Cothern v. LaRocca, La.1970, 255 La. 673 , 232 So.2d 473 .) Art. 2322 makes the building owner "answerable for the damage occasioned by its ruin, when this is caused by neglect to repair it, or when it is the result of a vice in its original construction." However, assuming without deciding that the use of a glass door that breaks when walked into is a vice of construction, the owner is only responsible for "damage occasioned by [the buildi

1974(Art. 670, stating an owner's liability to "neighbors or passengers" [passers-by], is not applicable when the person injured is on the property itself; see Cothern v. LaRocca, La.1970, 255 La. 673 , 232 So.2d 473 .) Art. 2322 makes the building owner "answerable for the damage occasioned by its ruin, when this is caused by neglect to repair it, or when it is the result of a vice in its original construction." However, assuming without deciding that the use of a glass door that breaks when walked into is a vice of construction, the owner is only responsible for "damage occasioned by [the buildi

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Brossett v. Howard green
lactapp · 2008
1 sentence

2011Brossett v. Howard, 08-535, p. 19 (La.App. 3d Cir.12/10/08), 998 So.2d 916, 931 , writ de nied, 09-0077 (La.3/6/09), 3 So.3d 492 ; see also Matos v. Clarendon National Insurance Company, 00-2814, p. 11 (La.

12011–2011
Brossett v. Howard green
la · 2009
1 sentence

2011Brossett v. Howard, 08-535, p. 19 (La.App. 3d Cir.12/10/08), 998 So.2d 916, 931 , writ de nied, 09-0077 (La.3/6/09), 3 So.3d 492 ; see also Matos v. Clarendon National Insurance Company, 00-2814, p. 11 (La.

12011–2011
Bethea v. Modern Biomedical Services, Inc. green
lactapp · 1997
1 sentence

2002The Third Circuit concluded, in Bethea v. Modern Biomedical Svces, Inc., 97-332 (La.App. 3rd Cir.11/19/97), 704 So.2d 1227, 1233 , that the plaintiff's cause of action against her employer for its failure to preserve evidence was not precluded by the general tort immunity given an employer.

12002–2002
Carter v. Exide Corp. green
lactapp · 1995
1 sentence

2002The issue was also examined by the Second Circuit in Carter v. Exide Corp., 27,358 (La.App. 2nd Cir.9/29/95), 661 So.2d 698 .

12002–2002
Naquin v. Marquette Casualty Company green
la · 1963
2 sentences

1980The court quoted with approval from Gregory, supra, at p. 559: "The general tort principle obviously applicable to this case is that `those who use or handle dangerous agencies, substances or instrumentalities such as explosives, electricity, firearms, combustibles and *904 fireworks, which might endanger persons or property, are held to a high degree or extraordinary degree of care.'" In the supreme court case of Naquin v. Marquette Casualty Company, 244 La. 569 , 153 So.2d 395 (1963), the court made the following statement regarding natural gas: "In Raphael Brothers v. Cerophyl Laboratories,

1980The court quoted with approval from Gregory, supra, at p. 559: "The general tort principle obviously applicable to this case is that `those who use or handle dangerous agencies, substances or instrumentalities such as explosives, electricity, firearms, combustibles and *904 fireworks, which might endanger persons or property, are held to a high degree or extraordinary degree of care.'" In the supreme court case of Naquin v. Marquette Casualty Company, 244 La. 569 , 153 So.2d 395 (1963), the court made the following statement regarding natural gas: "In Raphael Brothers v. Cerophyl Laboratories,

11980–1980
Harris Drilling Co. v. Delafield green
la · 1952
2 sentences

1980Those who handle and distribute it are charged with the duty to exercise that degree of care commensurate with its dangerous character and necessary to protect the public from any foreseeable injury therefrom.' This principle was reiterated in Harris Drilling Co. v. Delafield, 222 La. 416 , 62 So.2d 627 , wherein we stated: `* * * Those who handle and distribute a highly inflammable gas are charged with the duty to exercise a degree of care commensurate with its dangerous nature and necessary to protect the public from any foreseeable injury therefrom.'" Id. at 398-399.

1980Those who handle and distribute it are charged with the duty to exercise that degree of care commensurate with its dangerous character and necessary to protect the public from any foreseeable injury therefrom.' This principle was reiterated in Harris Drilling Co. v. Delafield, 222 La. 416 , 62 So.2d 627 , wherein we stated: `* * * Those who handle and distribute a highly inflammable gas are charged with the duty to exercise a degree of care commensurate with its dangerous nature and necessary to protect the public from any foreseeable injury therefrom.'" Id. at 398-399.

11980–1980
Raphael Bros. v. Cerophyl Laboratories, Inc. green
la · 1947
2 sentences

1980The court quoted with approval from Gregory, supra, at p. 559: "The general tort principle obviously applicable to this case is that `those who use or handle dangerous agencies, substances or instrumentalities such as explosives, electricity, firearms, combustibles and *904 fireworks, which might endanger persons or property, are held to a high degree or extraordinary degree of care.'" In the supreme court case of Naquin v. Marquette Casualty Company, 244 La. 569 , 153 So.2d 395 (1963), the court made the following statement regarding natural gas: "In Raphael Brothers v. Cerophyl Laboratories,

1980The court quoted with approval from Gregory, supra, at p. 559: "The general tort principle obviously applicable to this case is that `those who use or handle dangerous agencies, substances or instrumentalities such as explosives, electricity, firearms, combustibles and *904 fireworks, which might endanger persons or property, are held to a high degree or extraordinary degree of care.'" In the supreme court case of Naquin v. Marquette Casualty Company, 244 La. 569 , 153 So.2d 395 (1963), the court made the following statement regarding natural gas: "In Raphael Brothers v. Cerophyl Laboratories,

11980–1980

Where else courts name it

CA 15 (1991–2026) WA 8 (2015–2025) VA 7 (1979–2024) LA 6 (1974–2011) NJ 5 (1958–2026) NH 4 (1995–2012) IL 4 (1983–2024) MI 3 (1989–2026) CO 3 (1978–1994) CT 3 (1999–2022) IN 2 (1976–2002) OK 2 (2022–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check