Cited by

Opinions in Louisiana that cite Loescher v. Parr, 324 So. 2d 441.

515 citing documents.

Goodlow v. City of Alexandria 407 So. 2d 1305 La. Ct. App. 3d Cir. 1981
defendant's magnolia tree, which fell on plaintiff's car, was 90% rotted out on the inside, although apparently sound on the outside.
Tappel v. Vidros 407 So. 2d 789 La. Ct. App. 4th Cir. 1981
See Jones v. City of Baton Rouge, supra; (La.
Kaplan v. Missouri Pacific R. Co. 409 So. 2d 298 La. Ct. App. 3d Cir. 1981
4 Cir. 1979), writ denied
Arnett v. Trace Development Corp. 407 So. 2d 471 La. Ct. App. 1st Cir. 1981
Broussard v. PA. MILLERS MUT. INS. CO. 406 So. 2d 574 La. 1981
Orazio v. Durel 407 So. 2d 75 La. Ct. App. 4th Cir. 1981
D'Angelo v. New Orleans Public Service, Inc. 405 So. 2d 1262 La. Ct. App. 1st Cir. 1981
NOPSI reasons that its liability was based upon the doctrine of strict liability imposed upon an owner or custodian for damages caused by things in its custody, its pipe line, under the provisions of Louisiana Civil Code Article 2317
Batiste v. Boh Bros. Const. Co., Inc. 404 So. 2d 1348 La. Ct. App. 4th Cir. 1981
Art. 2317 and its progeny, (La.
DeBattista v. Argonaut-Southwest Ins. Co. 403 So. 2d 26 La. 1981
Fonseca v. Marlin Marine Corp. 410 So. 2d 674 La. 1981
Edwards v. State, Dept. of Transp. & Devel. 403 So. 2d 109 La. Ct. App. 3d Cir. 1981
Jackson v. Tri-State Elevator Co., Inc. 401 So. 2d 538 La. Ct. App. 3d Cir. 1981
Mullins v. Our Lady of the Lake Hospital, Inc. 402 So. 2d 170 La. Ct. App. 1st Cir. 1981
On appeal, plaintiffs contend that, even if the hospital is not found to be negligent, (La.
Foggan v. LOUISIANA DEPT. OF TRANSP. AND DEVELOPMENT 402 So. 2d 154 La. Ct. App. 1st Cir. 1981
Jones v. City of Baton Rouge, supra; (La.
Broussard v. Pennsylvania Millers Mut. Ins. Co. 398 So. 2d 205 La. Ct. App. 3d Cir. 1981
Explained Wilkinson v. Hartford Acc. & Indem. Co. 400 So. 2d 705 La. Ct. App. 3d Cir. 1981
LeBlanc v. K-Mart Apparel Fashions Corp. 399 So. 2d 753 La. Ct. App. 3d Cir. 1981
our courts have held that a plaintiff who seeks to recover under Article 2317 must prove: (1) that the thing which caused the damage was in the care or custody of the defendant; (2) that the thing had a vice or defect (i. e., it occasioned an unreasonable risk of injury to another); and (3) that his injury
Matheu v. Tangipahoa Parish Police Jury 399 So. 2d 698 La. Ct. App. 1st Cir. 1981
Smith v. Hartford Acc. & Indem. Co. 399 So. 2d 1193 La. Ct. App. 3d Cir. 1981
Dorry v. LaFleur 399 So. 2d 559 La. 1981
Hall v. City of New Orleans 400 So. 2d 265 La. Ct. App. 4th Cir. 1981
Savarese v. Bye 398 So. 2d 1276 La. Ct. App. 4th Cir. 1981
Sanders v. Stutes 400 So. 2d 1159 La. Ct. App. 1st Cir. 1981
According to Loescher [ v. Parr, ], the plaintiff must prove "the vice (i. e., unreasonable risk of injury to another) in the person or thing whose act causes the damage, and that the damage resulted from this vice."
Ferguson v. State Farm Fire and Cas. Co. 398 So. 2d 72 La. Ct. App. 4th Cir. 1981
art. 2317, [1] which now stands for the imposition of strict liability upon proof of certain requisites.
Simoneaux v. Davis 397 So. 2d 835 La. Ct. App. 4th Cir. 1981
Jones v. City of Baton Rouge, supra ; Loescher v. Parr [ (1975)], supra.
Nash v. Draughon Business School 397 So. 2d 37 La. Ct. App. 1st Cir. 1981
Plaintiff appeals a judgment rejecting her demand for personal injury damages arising out of a trip and fall, contending that an allegedly “puckered” (wrinkled) *38 carpet is a defective thing imposing strict liability on its custodian under CC Art. 2317, and its progeny.
Canty v. Terrebonne Parish Police Jury 397 So. 2d 1370 La. Ct. App. 1st Cir. 1981
Williams v. Hempen 396 So. 2d 999 La. Ct. App. 3d Cir. 1981
Shipp v. City of Alexandria 395 So. 2d 727 La. 1981
After trial on the merits, the trial judge, found strict liability on the part of the city under La.Civ.Code art. 2317 for the damages sustained by plaintiffs resulting from the fall of Mrs. Shipp caused by a "hole or expansion joint" in the street.
Scott v. STATE, DEPT. OF TRANSP. AND DEVELOPMENT 392 So. 2d 482 La. Ct. App. 1st Cir. 1981
On appeal, the Department argues that the law of this state regarding the liability of public bodies, such as the Department of Transportation and Development, is that which is expressed by our Supreme Court in United States Fidelity and Guaranty Company v. State, Department of Highways, and that that case, is controlling with regard to the liability of public bodies, so that in order to hold the Department liable for an accident caused by a dangerous condition of a state highway, it must be sho
Collins v. Parish of East Baton Rouge 398 So. 2d 602 La. Ct. App. 1st Cir. 1981
Frazier v. United States Fidelity & Guaranty Co. 394 So. 2d 692 La. Ct. App. 1st Cir. 1981
Godwin v. Government Employees Ins. Co. 394 So. 2d 751 La. Ct. App. 3d Cir. 1981
the Louisiana Supreme Court discussed the concept of strict liability and described the legal foundation for such liability in the following manner: "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 the
Stablier v. City of Baton Rouge 393 So. 2d 148 La. Ct. App. 1st Cir. 1981
Bryan v. Varnado 394 So. 2d 1321 La. Ct. App. 1st Cir. 1981
As *1324 liability attaches to one if another is injured by a defective thing of which one has custody, and which creates an unreasonable risk of harm.
Waller v. Farmland Industries, Inc. 392 So. 2d 1099 La. Ct. App. 3d Cir. 1980
Derouen v. Dept. of Transp. & Development 392 So. 2d 765 La. Ct. App. 3d Cir. 1980
was rejected by the Supreme Court of Louisiana in Jones v. City of Baton Rouge, etc.
Morgan v. Hartford Accident & Indemnity Co. 391 So. 2d 499 La. Ct. App. 1st Cir. 1980
2317, 2318, 2320, 2321, and 2322
LeGrand v. State ex rel. Department of Highways 390 So. 2d 957 La. Ct. App. 1st Cir. 1980
However, in the U. S. F. & G. Co. supra, case the court alluded to the possible application of “strict liability” in cases of this kind: “Our finding of negligence and liability under Civil Code article 2315 makes it unnecessary for us to consider the applicability of Louisiana Civil Code article 2317 ” Id.
Gasquet v. Commercial Union Ins. Co. 391 So. 2d 466 La. Ct. App. 4th Cir. 1980
dealt with factual situations wherein an injured person sought to prove damages from an unreasonable risk of harm to others by an offending instrumentality and declared that once such damages are proven "the owner or guardian responsible for the person or
Hester v. Montgomery Elevator Co. 392 So. 2d 155 La. Ct. App. 1st Cir. 1980
Hines v. Dixie Electric Membership Corp. 391 So. 2d 1203 La. Ct. App. 1st Cir. 1980
In advancing the strict liability theory, counsel for plaintiff directs the court’s attention to Civil Code Article 2317 and the *1205
Baggett v. City of Bogalusa 391 So. 2d 1210 La. Ct. App. 1st Cir. 1980
Once the injured party proves custody, defect and causation, “the custodian can escape liability only by showing that the harm was caused by the fault of the victim (injured party), by the fault of a third person, or by an irresistible force.” In other words, the “strict liability” has been extended to public bodies.
Jones v. CITY OF BATON ROUGE, ETC. 388 So. 2d 737 La. 1980
we found that article 2317 [2] provides for the same type of "strict" liability on the part of an owner or custodian, for damages caused by things in his custody, and we described the legal foundation for this liability in the following terms: "When harm results from the conduct or defect of a person o
Dorry v. LaFleur 387 So. 2d 690 La. Ct. App. 3d Cir. 1980
Olsen v. Shell Oil Company, supra
Shipp v. City of Alexandria 392 So. 2d 1078 La. Ct. App. 3d Cir. 1980
Defendant appeals, (La.App.
Hunt v. City Stores, Inc. 387 So. 2d 585 La. 1980
Wall v. Village of Tallulah 385 So. 2d 905 La. Ct. App. 2d Cir. 1980
which found the owner of a diseased tree liable for damages to an automobile across which the tree fell.
DeBattista v. Argonaut-Southwest Insurance 385 So. 2d 518 La. Ct. App. 1st Cir. 1980
Shapiro v. City Stores Co. 391 So. 2d 2 La. Ct. App. 1st Cir. 1980
art. 2317, strict liability is imposed upon the owner when there is found to be a defect in the thing under his custody which causes injury to another.