Cited by
Opinions in Louisiana that cite Loescher v. Parr, 324 So. 2d 441.
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Angelo Pavone Enterp., Inc. v. So. Cent. Bell Tel. Co.
459 So. 2d 1223
La. Ct. App. 4th Cir. 1985
and the subsequent myriad of Article 2317 cases hold a person at fault, and thus responsible for those things "...
- Lewis v. Oubre 461 So. 2d 523 La. Ct. App. 3d Cir. 1984
- Daniel Oil Co. v. Signal Rental Tools & Oilfield Service, Inc. 461 So. 2d 526 La. Ct. App. 1st Cir. 1984
- McCart v. Sears, Roebuck and Co. 460 So. 2d 1104 La. Ct. App. 2d Cir. 1984
- Walker v. DEPT. OF TRANSP. & DEVELOPMENT, OFFICE OF HIGHWAYS 460 So. 2d 1132 La. Ct. App. 2d Cir. 1984
- Thompson v. Ewin 457 So. 2d 303 La. Ct. App. 3d Cir. 1984
- Esco v. Smith 457 So. 2d 786 La. Ct. App. 1st Cir. 1984
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Northern v. Department of Streets of New Orleans
455 So. 2d 1288
La. Ct. App. 1st Cir. 1984
Jones, supra at 739 held the defenses to strict liability are victim fault, third party fault and an irresistible force, and it is also accepted that assumption of the risk is a defense.
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Tobey v. State
454 So. 2d 144
La. Ct. App. 1st Cir. 1984
art. 2317 require that the thing causing harm be defective, that the defective thing actually cause the injury and that the thing be in the custody of defendant.
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Shook v. Cambridge Mut. Fire Ins. Co.
451 So. 2d 1298
La. Ct. App. 1st Cir. 1984
art. 2317 () or under absolute liability from the defendant's having engaged in an ultrahazardous activity under the reasoning in Langlois v. Allied Chemical Corp., 258 La.
- House v. Thompson 452 So. 2d 1195 La. Ct. App. 1st Cir. 1984
- Lodrigue v. Houma-Terrebonne Airport Commission 450 So. 2d 1004 La. Ct. App. 1st Cir. 1984
- Quattlebaum v. Hy-Reach Equipment Inc. 453 So. 2d 578 La. Ct. App. 1st Cir. 1984
- Evans v. Salter 450 So. 2d 706 La. Ct. App. 4th Cir. 1984
- Travelers Indemnity Co. v. Exxon Pipeline Co. 449 So. 2d 1074 La. Ct. App. 1st Cir. 1984
- Pope v. City of Baton Rouge 449 So. 2d 1070 La. Ct. App. 1st Cir. 1984
- Sampson v. State ex rel. Department of Transportation & Development, Office of Highways 446 So. 2d 998 La. Ct. App. 1st Cir. 1984
- Ross v. Lewis 446 So. 2d 1322 La. Ct. App. 2d Cir. 1984
- Savoy v. DeLaup 442 So. 2d 1209 La. Ct. App. 1st Cir. 1983
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McSweeney v. Dept. of Transp. & Development
442 So. 2d 659
La. Ct. App. 1st Cir. 1983
rehearing denied (1976).
- Jones v. Winston 437 So. 2d 889 La. Ct. App. 2d Cir. 1983
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Roberts v. Allstate Insurance Co.
437 So. 2d 326
La. Ct. App. 2d Cir. 1983
Art. 2317 principles of strict liability of the owner of a defective thing.
- Lewis v. State, Department of Transportation & Development 436 So. 2d 1305 La. Ct. App. 4th Cir. 1983
- Lewis v. STATE, DEPT. OF TRANSP. & DEVEL. 436 So. 2d 1305 La. Ct. App. 4th Cir. 1983
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Rozell v. LOUISIANA ANIMAL BREEDERS CO-OP.
434 So. 2d 404
La. 1983
[6] points out: "Articles 2315 through 2322 express the same concepts and represent the same scheme as French Civil Code Articles 1382 through 1386, of which they are to a large part verbatim translations."
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Valenti v. State Farm Fire & Casualty Co.
435 So. 2d 1088
La. Ct. App. 1st Cir. 1983
rehearing denied 1976; Jones v. City of Baton Rouge, Etc.
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Maltzahn v. City of New Orleans
433 So. 2d 417
La. Ct. App. 4th Cir. 1983
Art. 2317 at 446 (La.1976) which stated the plaintiff must prove: ...
- Broussard v. Continental Oil Co. 433 So. 2d 354 La. Ct. App. 3d Cir. 1983
- Dusenbery v. McMoran Exploration Co. 433 So. 2d 268 La. Ct. App. 1st Cir. 1983
- Duvernay v. ST. THROUGH DEPT. OF PUBLIC SAFETY 433 So. 2d 254 La. Ct. App. 1st Cir. 1983
- Smith v. Reliance Ins. Co. 431 So. 2d 907 La. Ct. App. 2d Cir. 1983
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Miller v. Broussard
430 So. 2d 330
La. Ct. App. 3d Cir. 1983
citing Loescher v. Parr [ ], supra, at 446.
- Smith v. Louisiana Department of Transportation & Development 430 So. 2d 335 La. Ct. App. 1st Cir. 1983
- Gaudet v. Louisiana Dept. of Highways 432 So. 2d 867 La. Ct. App. 1st Cir. 1983
- F & S OFFSHORE v. Serv. MacH. & Shipbuilding 430 So. 2d 1167 La. Ct. App. 1st Cir. 1983
- Gordon v. City of New Orleans 430 So. 2d 234 La. Ct. App. 4th Cir. 1983
- Scheidel v. Melle 431 So. 2d 420 La. Ct. App. 1st Cir. 1983
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Miller v. Delta Downs, Inc.
428 So. 2d 1229
La. Ct. App. 1st Cir. 1983
there was little doubt that the race track owned by Delta Downs, Inc. was a thing under its control.
- Jones v. Sewerage & Water Bd. of New Orleans 430 So. 2d 1063 La. Ct. App. 4th Cir. 1983
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Entrevia v. Hood
427 So. 2d 1146
La. 1983
-47 (1976), we summarized this principle recognized in favor of an injured person himself without fault: When harm results from the conduct or defect of a person or thing which creates an unreasonable risk of harm to others, a person legally responsible under these code articles for the supervision, care, or guard
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Sarphie v. Comeaux
428 So. 2d 1141
La. Ct. App. 1st Cir. 1983
Duffy v. State, Dept. of Transp., etc., supra
- Gibson v. Faubion Truck Lines, Inc. 427 So. 2d 68 La. Ct. App. 4th Cir. 1983
- McKinnie v. Dept. of Transp. & Development 426 So. 2d 344 La. Ct. App. 2d Cir. 1983
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Lyons v. Parish of Jefferson
425 So. 2d 955
La. Ct. App. 5th Cir. 1983
Fonseca, supra ; -47 (La.1975).
- Buchanan v. Tangipahoa Parish Police Jury 426 So. 2d 720 La. Ct. App. 1st Cir. 1983
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Moazzami v. Board of Supervisors
424 So. 2d 1112
La. Ct. App. 1st Cir. 1982
The liability arises from his legal relationship to the person or thing whose conduct or defect creates an unreasonable risk of injuries to others.’ “ citing Loescher v. Parr, supra [ ], at 446 [La.1976].
- Ruffo v. SCHWEGMANN BROS., ETC. 424 So. 2d 470 La. Ct. App. 5th Cir. 1982
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Hughes v. Buccaneer Wash & Dry Cleaning Center
423 So. 2d 1282
La. Ct. App. 1st Cir. 1982
2317, as the guardian of a defective thing that causes damage.
- Payne v. LOUISIANA DEPT. OF TRANSP., ETC. 424 So. 2d 324 La. Ct. App. 1st Cir. 1982
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Lovell v. Earl Grissmer Co., Inc.
422 So. 2d 1344
La. Ct. App. 1st Cir. 1982
We are therefore of the opinion that the "victim fault" is but a euphemism for the traditional affirmative defenses of assumption of risk and contributory negligence.