Cited by
Opinions in Louisiana that cite Olsen v. Shell Oil Co., 365 So. 2d 1285.
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Chaney v. Vaughn
245 So. 3d 1208
La. Ct. App. 2d Cir. 2018
Olsen v. Shell Oil , (La.
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Boutall v. Christakis, P.M., Co.
236 So. 3d 1268
La. Ct. App. 1st Cir. 2017
1983) ; Olsen v. Shell Oil Co. , , 1292 (La.
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Falcon v. Surcouf
236 So. 3d 716
La. Ct. App. 5th Cir. 2017
1983) ; Olsen v. Shell Oil Co. , , 1292 (La.
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Broussard v. State ex rel. Office of State Buildings
113 So. 3d 175
La. 2013
We have previously stated that “necessary appurtenances to structures and movables made immovable by attachment, which are defective or have fallen into ruin, also may be included within that term ‘building’ for purposes of the building-owner’s delictual responsibility under Article 2322.”
- Pearson v. DELAUNE 54 So. 3d 172 La. Ct. App. 1st Cir. 2010
- Church v. Shrell 8 So. 3d 70 La. Ct. App. 1st Cir. 2009
- Bridges v. NATIONAL FINANCIAL SYSTEMS, INC. 960 So. 2d 202 La. Ct. App. 1st Cir. 2007
- Palermo v. Port of New Orleans 951 So. 2d 425 La. Ct. App. 4th Cir. 2007
- Palermo v. Port of New Orleans 933 So. 2d 168 La. Ct. App. 4th Cir. 2006
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Miller v. Martin
838 So. 2d 761
La. 2003
See Foster v. Destin Trading Corp., 96-0803 (La.5/30/97), (finding that an owner has a non-delegable duty to maintain a seaworthy vessel); (finding, prior to the 1996 tort reform amendments, that an owner has a non-delegable duty to keep his building and its appurtenances in repair); Rozell v. Louisiana Animal Breeders Co-op., Inc., (finding, prior to the 1996 tort reform amendment, that an owner has a non-delegable duty
- Hebert v. ANCO Insulation, Inc. 835 So. 2d 483 La. Ct. App. 1st Cir. 2002
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Gorton v. Ouachita Parish Police Jury
814 So. 2d 95
La. Ct. App. 2d Cir. 2002
the trial court pointed out that the owner's duty is non-delegable.
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Lofton v. Hayward
806 So. 2d 877
La. Ct. App. 1st Cir. 2002
Entrevia, supra; Loescher v. Parr, supra.
- Melerine v. State 773 So. 2d 831 La. Ct. App. 4th Cir. 2001
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Grieff v. Parish of Jefferson
780 So. 2d 425
La. Ct. App. 5th Cir. 2000
-1289 (La.1978), the supreme court expounded on its explanation in Loescher: “The owner’s fault (under Article 2322) is founded upon the breach of his obligation to maintain or repair his budding so as to avoid the creation of undue risk of injury to others.” (Explanation added.)
- Dupre' v. ABC Insurance Co. 776 So. 2d 25 La. Ct. App. 1st Cir. 2000
- Kose v. Cablevision of Shreveport 755 So. 2d 1039 La. Ct. App. 2d Cir. 2000
- Hunter v. Town of Sibley 745 So. 2d 820 La. Ct. App. 2d Cir. 1999
- Penton v. Schuster 732 So. 2d 597 La. Ct. App. 5th Cir. 1999
- Lott v. Lebon 687 So. 2d 612 La. Ct. App. 4th Cir. 1997
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Mix v. Krewe of Petronius
675 So. 2d 792
La. Ct. App. 4th Cir. 1996
Similarly, the duty imposed upon the owner of a building by Civil Code Article 2322 is "non-delegable", -94 (La.1979) and the owner's liability under Civil Code Article 2322 continues even if the building or part of it is leased.
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Billiot v. State
654 So. 2d 753
La. Ct. App. 1st Cir. 1995
it was made clear that the term “building” as used in the Civil Code is broad enough to include oil wells.
- Celestine v. Union Oil Co. of California 652 So. 2d 1299 La. 1995
- Girvan v. New Orleans Pub. Serv. Inc. 646 So. 2d 481 La. Ct. App. 4th Cir. 1994
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Olivier v. Boudreaux
649 So. 2d 629
La. Ct. App. 1st Cir. 1994
Hunt v. City Stores, Inc., supra; Olsen v. Shell Oil Co., supra [ ]; Loescher v. Parr, supra [ ].
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Myers v. Burger King Corp.
638 So. 2d 369
La. Ct. App. 4th Cir. 1994
the Court stated: The fault of a `third person' which exonerates a person from his own obligation imparting strict liability as imposed by Articles 2317, 2321, and 2322 is that which is the sole cause of the damage, of the nature of an irresistible and unforeseeable occurrence i.e., where the damage resulti
- Celestine v. Union Oil Co. of California 636 So. 2d 1138 La. Ct. App. 3d Cir. 1994
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Winchell v. Johnson Properties, Inc.
640 So. 2d 399
La. Ct. App. 1st Cir. 1994
Gaspard v. Pargas of Eunice, Inc., (La.App.
- Barnett v. Staats 631 So. 2d 84 La. Ct. App. 2d Cir. 1994
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Burton v. Housing Authority of New Orleans, Inc.
623 So. 2d 243
La. Ct. App. 1st Cir. 1993
Similarly, the duty imposed upon the owner of a building by Civil Code Article 2322 is “non-delegable”, -94 (La.1979), and the owner’s liability under Civil Code Article 2322 continues even if the building or a part of it is leased.
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Thibodeau v. Mayor and Councilmen of Morgan City
619 So. 2d 595
La. Ct. App. 1st Cir. 1993
our supreme court held that a property owner may not transfer garde by contract.
- Tillman v. Johnson 610 So. 2d 866 La. Ct. App. 1st Cir. 1993
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Crane v. Exxon Corp., USA
613 So. 2d 214
La. Ct. App. 1st Cir. 1992
the Louisiana Supreme Court held that an owner may not divest itself of article 2322 strict liability by attempting to transfer garde by contract.
- Desormeaux v. Audubon Ins. Co. 611 So. 2d 818 La. Ct. App. 3d Cir. 1992
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Hughes v. Green
609 So. 2d 991
La. Ct. App. 4th Cir. 1992
the Louisiana Supreme Court set out the three requirements which must be met before strict liability under C.C.
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Marcantel v. Karam
601 So. 2d 1
La. Ct. App. 3d Cir. 1992
Gaspard v. Pargas of Eunice, Inc., (La.App.
- Green v. Industrial Helicopters, Inc. 593 So. 2d 634 La. 1992
- Hopkins v. Travasos 569 So. 2d 1056 La. Ct. App. 3d Cir. 1990
- Lucas v. Acker 560 So. 2d 74 La. Ct. App. 1st Cir. 1990
- Triplette v. Exxon Corp. 554 So. 2d 1361 La. Ct. App. 1st Cir. 1989
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Bruyninckx v. Bratten
554 So. 2d 247
La. Ct. App. 1st Cir. 1989
Art. 464 states, “Buildings and standing timber are separate im-movables when they belong to a person other than the owner of the ground.” the Louisiana Supreme Court determined that for purposes of LSA-C.C.
- Boyer v. Seal 553 So. 2d 827 La. 1989
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Distinguished
Reilly v. FAIRWAY VIEW II ASSOCIATES LTD. P'SHIP.
544 So. 2d 73
La. Ct. App. 1st Cir. 1989
4th Cir.1981) as support for their position.
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LeBlanc v. Jani-King, Inc.
538 So. 2d 1156
La. Ct. App. 4th Cir. 1989
which was in response to a certified question from the U.S. Fifth Circuit Court of Appeals; a superceding, intervening cause is "the sole `legal' cause or `responsible' cause, as distinguished from a `cause-in-fact'"...
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9 to 5 Fashions, Inc. v. Spurney
538 So. 2d 228
La. 1989
207 (La.1922); Weber v. Fidelity and Casualty Ins.
- Griffin v. Foti 523 So. 2d 935 La. Ct. App. 4th Cir. 1988
- Gaspard v. Pargas of Eunice, Inc. 527 So. 2d 28 La. Ct. App. 3d Cir. 1988
- Moon v. City of Baton Rouge 522 So. 2d 117 La. Ct. App. 1st Cir. 1988
- White v. Gulf States Utilities Co. 525 So. 2d 145 La. Ct. App. 3d Cir. 1988
- Bowles v. Litton Industries, Inc. 518 So. 2d 1070 La. Ct. App. 5th Cir. 1987