Legal Question in Personal Injury in Louisiana

ear lobe bit off

I have a cousin who is severely, mentally handicapped that lives in a facility for retarded citizens. He was attacked by another resident who bit his ear lobe off that could not be saved. Could the facility be sued for neglience. Someone couldn't have been supervising them like they was suppose to be or this wouldn't have gotten that far.


Asked on 5/12/07, 6:53 am

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: ear lobe bit off

Dear Friend,

According to Louisiana tort law, the leading article 2315 of the LOUISIANA CIVIL CODE says that "Every act whatever of of man that causes damage to another obliges him by whose fault it happened to repair it." Such damages are "repaired" with money. Yes, the facility can be sued and judgment can be had if it can be shown that the facility was at "fault" and that this fault caused or led to the act that caused the damage to your cousin. There is more to it all than this, but this is something to think about. Good luck to you and your cousin!

Sinceerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 5/13/07, 7:13 pm


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