Injuries often occur at Mardi Gras parades, with a variety of hazards from missiles to floats. At least a few deaths occur each year at Mardi Gras parades due to injuries. While the City of New Orleans has passed some laws in recent years to limit injuries and deaths, they have also passed laws making suing for these injuries more problematic.
It is best to have an attorney review your case to determine if you can file a lawsuit for your Mardi Gras injuries. The King Firm has years of experience holding negligent parties accountable, and we may be able to help you with your case. Contact us today for more information, or keep reading to learn the law about Mardi Gras parade injuries.
There are several parties who may be liable for injuries sustained during a Mardi Gras parade depending on the situation.
These parties are protected from lawsuits by Louisiana Civil Code Section 2796, but there may be exceptions. The law effective in September 2022 states that no person shall have a cause of action for parade injuries or losses unless “said loss or damage was caused by the deliberate and wanton act or gross negligence of the krewe or organization, or any member thereof.” The law also extends to float drivers.
You may still be able to sue for your Mardi Gras injuries. Section 2004 states that “Any clause is null that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party.” Also, “Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party.”
This means that if you can prove gross negligence, you could still be entitled to compensation for your injuries. Proving gross negligence is a difficult matter that requires the attention of an attorney. It is typically limited to intentional or “wanton” acts that have a reasonable expectation of damage or injury, but there are other circumstances in which gross negligence could be found.
Louisiana does not currently have a definition of gross negligence as part of the Civil Code. Prior to 1999, the definition of gross negligence was “inexcusable negligence or ignorance.” In 1999, it was determined that the definition of negligence was inadequate and should be removed from the civil code, but nothing was assigned to replace it.
According to Black’s Law Dictionary, the definition of fault is ““[n]egligence; want of care. An improper act or omission, injurious to another, and transpiring through negligence, rashness, or ignorance,” as reported by a law scholar. In short, if someone fails to act in a reasonable manner, that person has committed gross negligence.
To prove gross negligence, you must show that:
Proving your injury will likely be an easy matter, but proving that nothing else contributed to the injury is key. For example, if you were struck by an out-of-control float, but you were in the way of the float only because someone pushed you from behind, it may be difficult to prove gross negligence.
On the other hand, if that float struck you through a barrier or by deviating from its path and there were no other circumstances, you may be able to file a personal injury claim depending on the cause of the float accident.
In 2020, Geraldine Carmouche was killed by a Mardi Gras float. She was not the only one, but the wrongful death lawsuit filed by her family made national headlines. This claim is based on the fact that the tandem float was not covered where it was joined as required by New Orleans law. Had the tandem float been joined correctly, the accident would not have happened.
Carmouche’s family is suing the organization, krewe, and City. The claim is that the organization did not ensure the float met the requirements of the law, and that the city did not inspect the float properly before the parade. Since this lawsuit was filed, New Orleans has changed their law to state that there must be barriers around the joint of tandem floats.
For the most part, you cannot sue for typical Mardi Gras injuries like missiles striking the head. However, there are circumstances when a party may be found liable for your injuries in spite of the new laws.
At The King Firm, we are staying current on how the Carmouche case and other cases play out and affect the law. It could be that challenges to the law lead to repealing it or enacting additional changes. Let our experienced and knowledgeable attorneys review your case by calling (877) 909-5464 for a free consultation.
Injuries often occur at Mardi Gras parades, with a variety of hazards from missiles to floats. At least a few deaths occur each year at Mardi Gras parades due to injuries. While the City of New Orleans has passed some laws in recent years to limit injuries and deaths, they have also passed laws making suing for these injuries more problematic.
It is best to have an attorney review your case to determine if you can file a lawsuit for your Mardi Gras injuries. The King Firm has years of experience holding negligent parties accountable, and we may be able to help you with your case. Contact us today for more information, or keep reading to learn the law about Mardi Gras parade injuries.
There are several parties who may be liable for injuries sustained during a Mardi Gras parade depending on the situation.
These parties are protected from lawsuits by Louisiana Civil Code Section 2796, but there may be exceptions. The law effective in September 2022 states that no person shall have a cause of action for parade injuries or losses unless “said loss or damage was caused by the deliberate and wanton act or gross negligence of the krewe or organization, or any member thereof.” The law also extends to float drivers.
You may still be able to sue for your Mardi Gras injuries. Section 2004 states that “Any clause is null that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party.” Also, “Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party.”
This means that if you can prove gross negligence, you could still be entitled to compensation for your injuries. Proving gross negligence is a difficult matter that requires the attention of an attorney. It is typically limited to intentional or “wanton” acts that have a reasonable expectation of damage or injury, but there are other circumstances in which gross negligence could be found.
Louisiana does not currently have a definition of gross negligence as part of the Civil Code. Prior to 1999, the definition of gross negligence was “inexcusable negligence or ignorance.” In 1999, it was determined that the definition of negligence was inadequate and should be removed from the civil code, but nothing was assigned to replace it.
According to Black’s Law Dictionary, the definition of fault is ““[n]egligence; want of care. An improper act or omission, injurious to another, and transpiring through negligence, rashness, or ignorance,” as reported by a law scholar. In short, if someone fails to act in a reasonable manner, that person has committed gross negligence.
To prove gross negligence, you must show that:
Proving your injury will likely be an easy matter, but proving that nothing else contributed to the injury is key. For example, if you were struck by an out-of-control float, but you were in the way of the float only because someone pushed you from behind, it may be difficult to prove gross negligence.
On the other hand, if that float struck you through a barrier or by deviating from its path and there were no other circumstances, you may be able to file a personal injury claim depending on the cause of the float accident.
In 2020, Geraldine Carmouche was killed by a Mardi Gras float. She was not the only one, but the wrongful death lawsuit filed by her family made national headlines. This claim is based on the fact that the tandem float was not covered where it was joined as required by New Orleans law. Had the tandem float been joined correctly, the accident would not have happened.
Carmouche’s family is suing the organization, krewe, and City. The claim is that the organization did not ensure the float met the requirements of the law, and that the city did not inspect the float properly before the parade. Since this lawsuit was filed, New Orleans has changed their law to state that there must be barriers around the joint of tandem floats.
For the most part, you cannot sue for typical Mardi Gras injuries like missiles striking the head. However, there are circumstances when a party may be found liable for your injuries in spite of the new laws.
At The King Firm, we are staying current on how the Carmouche case and other cases play out and affect the law. It could be that challenges to the law lead to repealing it or enacting additional changes. Let our experienced and knowledgeable attorneys review your case by calling (877) 909-5464 for a free consultation.
Seeking justice and rightful compensation after an accident? The King Firm, your trusted advocates for personal injury claims, stand ready to champion your cause. With years of experience, we've aided countless victims, including wrongful death cases, across the nation. Our unwavering dedication to understanding your unique situation ensures tailored strategies for the best outcome. Let us be your unwavering support, guiding you towards the justice and compensation you deserve.
