imposing delictual liability under Article 2315 for fault as analogized from the conduct required by Article 669, when gas escaped from a ruptured pipe which, without regard to negligence, caused damages
How later courts described this case
- imposing delictual liability under Article 2315 for fault as analogized from the conduct required by Article 669, when gas escaped from a ruptured pipe which, without regard to negligence, caused damages
- plaintiff fireman may have assumed certain risks, but not the risk created by the defendant's conduct
- “The activities of man for which he may be liable without acting negligently are to be determined after a study of the law and customs, a balancing of claims and interests, a weighing of the risk and the gravity of harm, and a consideration of individual and societal rights and obligations.”
- cs- caping gas used in manufacture of petrochemical products
Written by the judges who cited it.
Later courts went against this
Superseded by statute, as recognized in Murray v. Ramada Inns, Inc.
In Langlois v. Allied Chemical Corporation, 258 La. 1067, 249 So.2d 133 (La.1971), superseded by statute on other grounds in Murray v. Ramada Inns, Inc., 521 So.2d 1123 (La.1988), the Louisiana Supreme Court noted that in State ex rel.
Distinguished
Distinguished by Trahan v. Highlands Ins. Co., 343 So. 2d 1163 (1977)
This being so it necessarily follows that the damages which Tidwell seeks to recover by way of indemnification from Pemco did not arise as a result of the defect and Weber and Langlois are clearly inapplicable.
The opinion
HAMLIN, Justice
(dissenting).
I am compelled to dissent in this matter because I believe that the Court of Appeal has correctly analyzed the facts and applied the law applicable thereto.
I am particularly impressed with the following statement contained in the opinion of the Court of Appeal:
“We find as a fact that plaintiff herein knew upon leaving the firehouse that he was called to assist in a rescue mission made necessary by gas escaping from an unknown source. Upon arriving at the scene, plaintiff immediately became aware that gas was present in the vicinity. It could be seen by all present. Neither plaintiff nor anyone else present knew the type of gas involved. That the gas possessed irritant qualities became immediately known to plaintiff. His eyes began to water, his throat commenced tickling and he started coughing. The record establishes beyond doubt that plaintiff’s training had taught *1091 him his first consideration should be for his own protection not only for self-preservation, but also because only in this way could he be of service to others. It also appears that plaintiff’s training taught that when encountering gas, especially gas of an unknown type, plaintiff should assume the worst and take precautionary measures to guard, against being overcome. It also appears that plaintiff had at his disposal safety equipment designed to protect him against the effect of smoke and harmful gases. In addition, the manuals used in plaintiff’s training expressly warn that irritant gases can damage the respiratory tract and therefore precautions should be taken when such substances are encountered. When plaintiff encountered the unknown irritating gas on Delta’s premises and experienced the reactions noted, it then became incumbent upon him to use an available air pack for his protection.”
I respectfully dissent.