Y Flashcards
(13 cards)
What is the status of Sovereign Immunity in Louisiana?
Louisiana has waived Sovereign immunity.
What does the Louisiana Governmental Claims Act establish?
A procedure and limitations to recovery.
What is the limitation on jury trials under the Louisiana Governmental Claims Act?
Jury trials are prohibited unless waived.
What is the maximum amount for General Damages in Louisiana?
$500,000.
What type of acts are immune under the Louisiana Governmental Claims Act?
Discretionary acts.
What does the Public Duty Doctrine limit?
Liability of a public entity for risks resulting from faulty governmental services.
What must a plaintiff prove to establish a public entity’s liability?
- Custody or ownership of defective thing
- Defect posed unreasonable risk
- Actual or constructive knowledge of defect
- Failed to correct defect
- Defect caused harm.
What are the responsibilities of an owner or custodian of a thing?
Answerable for damages caused by the thing.
What constitutes a defect in the context of liability?
A defect presented unreasonable risk of harm.
What is required to prove knowledge of a defect?
Actual or constructive knowledge of the defect.
What must be demonstrated regarding damage caused by a defect?
Damage could have been prevented by exercising reasonable care.
What must a plaintiff establish regarding a building’s owner or custodian’s liability?
- Failed to repair the defect
- Defect was original part of construction.
What are the elements needed to establish liability for a building’s defect?
- Custody or ownership
- Defect presented unreasonable risk
- Actual or constructive knowledge
- Damage could have been prevented by reasonable care
- Defendant failed to exercise reasonable care.
