What is PRESCRIPTION? Prescription is a time limit for which to bring a suit against a person. In Louisiana, a person has one year from the date of an accident in which to file suit. If the victim does not bring suit in that time period, then they are forever barred from suing the person who caused the accident. There are other time limits depending on whether it concerns a suit on a note, or a contract.
I just bought a car and I'm having trouble with it. What can I do? Redhibition is a major defect in an item that had the purchaser known about the defect they would not have purchased the item. The major defect must exist at the time of the purchase and become known shortly after. The buyer must give the seller a chance to either repair or replace the item. For example, a buyer purchases a used car and two days later the engine blows up. The courts can take that as the defect existed at the time of the sale because it occurred within a short period of when the sale took place. The buyer must notify the seller and give him a chance to either repair the engine or replace the vehicle. If he does not do so, then the buyer may bring suit for damages.
My parent has just died, do I need to open a succession? A succession is the acquiring of title to property belonging to a deceased person through the court system. A person who dies with a will dies TESTATE and a succession is opened with the courts to give the property to the beneficiary(ies) as designated by the will. If a person dies without a will, then he has died INTESTATE and the property will go to the heirs as designated by the laws of Louisiana.
If there is any property that needs to have the name changed to show possession (i.e., land or a house), then you need to open a succession. Effective July 1, 2004, a succession that is opened within nine months of the death of the decedent does not owe any estate taxes to the state of Louisiana. To open a succession in Louisiana, an affidavit of Domicile, Death and Heirship must be signed by two non-interested parties. Along with this, a lawyer will need a certified copy of the death certificate and the original will (if there is a will).
Can I sue a food company or producer of a food item for a foreign object in the food? Yes, but only if you can show how you have been damaged. For example, you find a roach in your pizza and want to sue the maker of that pizza. How are you hurt? If you do not see a psychologist or counselor for some kind of harm (like never wanting to eat pizza again), then you probably have not been hurt. You must show the courts how you have been damaged in order to win in a legal suit.
