This office lease clause describes the allocation of risks. The parties desire to allocate certain risks of personal injury, bodily injury or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks as permitted by law.
Louisiana No Fault Clause
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Multi-State
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US-OL25072
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FAQ
If you're not at fault in an accident and are driving uninsured, Louisiana's ?No Pay, No Play? law means you'll still face financial consequences. The other driver's auto insurance cannot be applied to the first $15,000 of your personal injury costs and the first $25,000 of property damage costs.
Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person's actions or omissions of actions can be found negligent.
In addition to being responsible for our own actions, Louisiana imposes ?strict liability? for damages caused by persons for whom we are answerable for things that we have in our custody. That the owner failed to exercise such reasonable care.
In a no-fault claim, the parties are not required to prove any party's blameworthiness to resolve the claim. In contrast, parties to a fault-based claim must prove a party was at fault to prevail on the claim.
Our legal system defines negligence as ?the failure to exercise the care toward others which a reasonable or prudent person would do in the same or similar circumstances.?
Liability for negligence is a civil, not a criminal, matter. It is for the victim to prove that the defendant owed them a "duty of care", that that duty was breached, and that they have sustained either foreseeable harm or economic loss as a consequence of the negligence alleged.
Louisiana's negligence law comes from the Louisiana Civil Code article 2315. Negligence includes the concept of duty. Duty is the care that someone or something is obliged to show to others. For instance, a driver has a duty to maintain a safe speed in light of circumstances to other drivers on the road.
In order to establish negligence, you must be able to prove four ?elements?: a duty, a breach of that duty, causation and damages.