A storm rolls through and suddenly a tree comes crashing down on your house, car, fence—or even worse, on a person. ⚡🌪️🏠So who is responsible for the damage? Is it the property owner? The neighbor? The insurance company? Or is it simply considered an “Act of God”?In this episode of AskRustyLaw, attorney Rusty Messer breaks down what you need to know about falling trees, property damage, insurance claims, and personal injury liability.⚖️ In this episode, we discuss:🌳 When a fallen tree may be considered an “Act of God”🏚️ When a property owner may be responsible for a dead or dangerous tree👀 What it means when an owner “knew or should have known” about a hazardous tree🏡 Who owns a tree when branches extend onto a neighbor’s property🚗 What happens when a tree falls on your vehicle💰 When homeowners or auto insurance may cover the damage🔄 How insurance subrogation can come into play🏛️ What can happen when a tree on public property causes damage🤕 How liability changes when someone is injured by a falling tree or limb🪚 Why removing a fallen or damaged tree yourself can create additional risksOne of the biggest questions in these cases is why the tree fell. A healthy tree knocked down by severe weather can present a very different legal situation from a dead, diseased, rotting, or otherwise dangerous tree that should have been addressed before it fell.🎙️ AskRustyLaw takes confusing legal issues and breaks them down into plain, everyday language—without unnecessary legal jargon.👍 If you found this episode helpful, LIKE the video.🔔 SUBSCRIBE for more answers to common legal questions.💬 Have a legal question you'd like Rusty to discuss in a future episode? Leave it in the comments.📲 And SHARE this episode with someone dealing with storm or tree damage.Big River Trial Attorneys4626 Sherwood Common Blvd., Ste 302Baton Rouge, Louisiana 70816www.BigRiverLaw.com#AskRustyLaw #FallingTree #TreeDamage #PropertyDamage #PersonalInjury #InsuranceClaim #HomeownersInsurance #StormDamage #TreeLiability #LegalTips #Lawyer #PersonalInjuryLawyer

Attorney Rusty Messer explains how modern vehicles act as “rolling computers” that record electronic and video evidence that can make or break automobile and trucking crash cases, and why it must be preserved quickly before it is overwritten, repaired away, or destroyed. He outlines major data sources—EDR “black box” crash snapshots (speed, braking, throttle, seatbelts, airbags, steering, delta V), commercial truck ECM/PCM logs (hours of service, speed history, hard braking, fault codes), fleet GPS/telematics (e.g., Samsara, Lytx, Geotab), dash and in-cab video, infotainment/Bluetooth logs, nearby surveillance cameras, and ADAS records. He describes common retrieval tools (Bosch CDR for passenger cars; DG Technologies, NEXIQ, Bendix/WABCO systems for trucks) and the experts needed (ACTAR reconstructionists, forensic engineers, trucking safety, digital forensics, telematics analysts, human factors). Real-world examples show data proving speeding, fatigue/log falsification, distraction, or disproving exaggerated claims.Big River Trial Attorneys 4626 Sherwood Common Blvd., Suite 302Baton Rouge, Louisiana 70816www.BigRiverLaw.com00:00 Welcome and Overview01:06 Cars as Rolling Computers02:38 Event Data Recorder Basics04:41 Truck ECM and Hours05:58 Telematics and Preservation07:24 Video and Camera Sources09:24 ADAS and Smart Systems10:03 Tools to Pull Data12:58 Key Manufacturers and Platforms14:19 Experts Who Interpret Data17:38 Move Fast to Preserve Evidence18:25 How Data Wins Cases20:02 Real World Crash Scenarios23:15 Key Takeaways and Wrap Up#injuryattorney #rustymesser #bigrivertrialattorneys #bigriverlaw #injurylawyer #crashdata #crashinvestigation

If you work offshore, on a tugboat, towboat, supply vessel, cargo ship, or around the docks, understanding your legal rights after an injury could make a huge difference in your recovery.In this episode of the AskRustyLaw Podcast, Attorney Rusty Messer of Big River Trial Attorneys explains the Jones Act in plain English and breaks down who qualifies as a Jones Act seaman, what benefits and compensation may be available after a maritime injury, and how the Longshore and Harbor Workers' Compensation Act (LHWCA) differs from the Jones Act. 🎙️ In this episode you'll learn:⚓ What the Jones Act is and why Congress created it🚢 Who qualifies as a Jones Act seaman📋 The 30% rule and vessel requirement explained💰 What damages an injured seaman may recover🏥 What "maintenance and cure" means⚖️ What an unseaworthiness claim is🏗️ How the LHWCA differs from the Jones Act❓ Whether dock workers, shipbuilders, and harbor workers are covered by the Jones Act or the LHWCA⏳ Important deadlines for filing a maritime injury claim Whether you're a captain, deckhand, commercial fisherman, offshore worker, longshoreman, or simply interested in maritime law, this episode provides a practical overview of two of the most important federal laws protecting injured maritime workers.📞 Need legal help after a maritime injury?Big River Trial Attorneys🌐 [https://www.bigriverlaw.com](https://www.bigriverlaw.com)📍 Baton Rouge, Louisiana☎️ Contact us today for a free consultation.⚠️ Disclaimer: This podcast is provided for educational purposes only and is not legal advice. Every case is different. Watching or listening to this episode does not create an attorney-client relationship. #JonesAct #MaritimeLaw #MaritimeAttorney #Seaman #Longshoreman #LHWCA #OffshoreInjury #Tugboat #Towboat #CommercialFishing #OffshoreWorker #PersonalInjuryLawyer #BigRiverTrialAttorneys #AskRusty #RustyMesser

Rusty Messer of Big River Trial Attorneys explains the Longshore and Harbor Workers’ Compensation Act (LHWCA), a federal law passed in 1927 (notably amended in 1972) and administered by the U.S. Department of Labor’s OWCP, created to protect maritime workers not covered by state workers’ comp or the Jones Act. He outlines the two coverage tests—situs (injury on navigable waters or adjoining maritime areas like piers, terminals, shipyards, dry docks) and status (maritime employment such as longshore, harbor, ship repair/build/break)—and key exclusions (clerical/security, certain marina, vendor/driver, agricultural, recreational vessel work, small-vessel work, and vessel crew/seamen). He summarizes benefits (uncapped medical care with physician choice rules, disability categories and wage-based rates with caps, vocational rehab, and death benefits), notes OCSLA extension offshore, explains third-party lawsuits alongside LHWCA claims, and stresses notice/filing deadlines, the administrative hearing/appeal process, and potential fee-shifting for successful claimants.00:00 Welcome and Overview01:09 LHWCA Origins02:15 Situs Test Explained03:44 Status Test and Exclusions06:04 Seaman vs Longshore07:03 Offshore OCSLA Coverage07:35 Medical Benefits08:42 Disability Benefits Breakdown12:50 Rehab and Death Benefits14:36 Third Party Lawsuits15:54 Claims Process and Deadlines17:14 Attorney Fees and Wrap Up17:49 Final Takeaways and OutroBig River Trial Attorneys4626 Sherwood Common Blvd Ste 302Baton Rouge, Louisiana 70816www.BigRiverLaw.com#maritime #longshoreman #offshorework #bigriverlaw #askrustylaw #rustymesser #injuryattorney #injurylawyer #workerscompensation

🚂 Tracks, Trains & Your Rights: What You NEED to Know About Railroad Injury Claims | Ask Rusty LawBeen hurt by a railroad? Whether you're a railroad worker, a driver hit at a crossing, or a passenger on a train — the rules are different, the stakes are high, and the railroad's legal team is already working against you.⚖️In this episode, Attorney Rusty Messer of Big River Trial Attorneys breaks down everything you need to know about railroad injury law — one of the most complex and powerful areas in personal injury litigation.🔍 What We Cover:🛤️ FELA (Federal Employers' Liability Act) — Why railroad workers are NOT covered by workers' comp and what that means for your claim🚂 The Locomotive Inspection Act & Safety Appliance Act — How federal safety violations can trigger *strict liability* against the railroad🚗 Grade Crossing Accidents — What the railroad won't tell you about sight lines, signal failures, and the federal preemption defense📯 The Train Horn Rule — Why that "black box" on the locomotive could be the key evidence in your case🎟️ Passenger Injuries & Amtrak — The $200M liability cap and why notice deadlines can make or break your case☣️ Occupational Diseases — Asbestos, diesel exhaust, and noise-induced hearing loss claims under FELA📞 LISTENER QUESTIONS ANSWERED:✅ "My supervisor told me to file workers' comp — should I?"✅ "My husband was killed at a crossing with terrible sight lines. Do we have a case?"✅ "I retired after 30 years with hearing loss. Is it too late to sue?"⏰ DON'T WAIT. Railroad companies move fast to protect themselves. So should you.📞 Call Big River Trial Attorneys: (225) 725-6000🌐 Visit: www.BigRiverLaw.com💬 Submit your question for a future episode at our website!⚠️ This podcast is for informational purposes only and does not constitute legal advice. Listening does not create an attorney-client relationship. For advice about your specific situation, please consult a licensed attorney.🔔 Subscribe to Ask Rusty Law for more real talk on real legal issues — because knowing your rights is the first step to protecting them.#RailroadInjury #FELA #PersonalInjuryLaw #AskRustyLaw #BigRiverTrialAttorneys #TrainAccident #RailroadWorkers #LouisianaLaw #KnowYourRights #InjuryLawyer #rustymesser

⚠️ MICROPLASTICS & PFAS: What They Are, Why They're Dangerous, and YOUR Legal Rights ⚠️🧪 Did you know there are up to 240,000 plastic particles in a single liter of bottled water? Or that microplastics have been found in human blood, lungs, hearts — and even the brain? 😱In this episode, Attorney Rusty Messer of Big River Trial Attorneys breaks down two of the most alarming public health crises of our time — microplastics and PFAS "forever chemicals" — and what you can do about it legally. 💼⚖️🔍 In This Episode:🔬 What are microplastics & PFAS — and where do they come from?💔 Shocking health links: heart attacks, strokes, cancer, reproductive issues & more💧 45% of U.S. tap water is contaminated with PFAS — are YOU affected?🏭 Landmark lawsuits against ExxonMobil, PepsiCo, Coca-Cola, 3M, and DuPont💰 Over $12 BILLION in PFAS settlements already reached🪖 Special focus on military personnel & families exposed at 600+ contaminated bases🧯 What firefighters NEED to know about AFFF exposure📋 Who qualifies for a legal claim — and how to find out🚨 If you or a loved one has been diagnosed with kidney cancer, testicular cancer, thyroid disease, ulcerative colitis, or other serious illnesses — and you've had exposure to contaminated water, firefighting foam, or toxic products — you may have a legal claim. Don't wait. ⏳👍 Like, subscribe, and hit the 🔔 bell so you never miss an episode of AskRustyLaw — where we break down the legal issues that matter most to everyday people.💬 Drop your questions in the comments below! Attorney Rusty Messer may answer YOUR question in a future episode.Big River Trial Attorneys4626 Sherwood Common Blvd., Suite 302Baton Rouge, Louisiana 70816www.BigRiverLaw.com#AskRustyLaw #PFAS #Microplastics #ForeverChemicals #ToxicTort #PersonalInjury #WaterContamination #FirefighterHealth #MilitaryVeterans #BigRiverTrialAttorneys #MassTorti #EnvironmentalLaw #KnowYourRights

🚧 Construction work is dangerous — and when scaffolding fails, the consequences can be catastrophic. In this episode of AskRustyLaw

Attorney Rusty Messer of Big River Trial Attorneys breaks down everything you need to know about scaffolding accident cases.🔍 In this episode, Rusty covers:

The 3 most common types of scaffolding accidents — falls, collapses, and falling objects

📋 What OSHA requires employers and contractors to do to keep workers safe

⚠️ Two real-world cases from 2025 — including a $411 million verdict — that show just how devastating these accidents can be💡

Why workers' comp may NOT be your only option after a scaffolding injury

🏗️ How third-party claims against scaffold contractors, equipment manufacturers, and project owners can unlock full compensation for pain, suffering, and lost earning capacity💬

Whether you're a worker, a family member, or just want to understand your rights, this episode is a must-listen. Don't leave money — or justice — on the table.📞Injured in a scaffolding accident?

Contact Big River Trial Attorneys today.🌐 Have a legal question?

#AskRustyLaw⚖️ Big River Trial Attorneys — Fighting for the people who build our world.

Big River Trial Attorneys

4626 Sherwood Common Blvd Ste 302

Baton Rouge, LA 70816

(225) 725-6000

www.BigRiverLaw.com

#askrustylaw #injurylawyer #industrialaccident #rustymesser #bigriverlaw #bigrivertrialattorneys #workinjurylawyer #scaffolding

⚖️ The Real Cost of Going to Trial | AskRustyLaw PodcastEver wondered what it actually costs to take a case to trial? 💰 It's way more than just attorney fees!In this eye-opening episode, attorney Rusty Messer of Big River Trial Attorneys breaks down all the hidden expenses that pile up when a personal injury case heads to the courtroom—from filing fees and deposition costs to expert witnesses and trial exhibits.In this episode, you'll discover:💼 Court costs and filing fees that start before you even walk into the courtroom 📹 The surprising expense of depositions (hint: it's more than just the court reporter) 🏥 What it really costs to obtain and review medical records 👨‍⚕️ Expert witness fees that can easily reach $15,000-$20,000+ per expert 🎬 Trial exhibit costs—from simple prints to sophisticated 3D animations 🔍 When and why you might need a private investigator 🎲 The biggest cost of all: the uncertainty of what a jury will decideWhether you're considering filing a lawsuit or already in litigation, this episode gives you the insider knowledge you need to make informed decisions about your case. Rusty gets real about when it makes sense to go to trial and when a settlement might be the smarter choice.Hosted by: Attorney Rusty Messer Law Firm: Big River Trial Attorneys📢 Subscribe to AskRustyLaw for straight talk about the legal issues that matter to you!Big River Trial Attorneys4626 Sherwood Common Blvd Ste 302Baton Rouge, LA 70817(225) 725-6000www.BigRiverLaw.com

What happens when the products we trust to keep our families safe turn deadly? 😔In this powerful episode, attorney Rusty Messer breaks down product liability law through one of the most heartbreaking cases in recent history—the IKEA Malm dresser tip-overs that killed multiple children, including 2-year-old Jozef Dudek. 💔You'll learn:✅ The 3 types of product defects that can form a lawsuit✅ What you need to prove to win a product liability case✅ Why IKEA's $46 million settlement (one of the largest wrongful death settlements for a child in U.S. history) was absolutely necessary✅ How 17.3 million recalled dressers remained in homes—and why only 3% were returned✅ What this means for YOUR rights as a consumerThis isn't just legal theory—it's about holding billion-dollar companies accountable when they choose profits over children's safety. 👨‍👩‍👧‍👦⚠️🎯Key Takeaway: Private lawsuits aren't just about compensation—they're essential for protecting future families when government oversight falls short.Got a defective product in your home? Learn how to protect your family and know your rights. 🏡✨📍 Big River Trial Attorneys | Baton Rouge, Louisiana⏰ Time limits apply—Louisiana gives you just 1 year to fileBig River Trial Attorneys4626 Sherwood Common Blvd.Suite 302Baton Rouge, Louisiana 70816(225) 725-6000www.BigRiverLaw.com#ProductLiability #ConsumerSafety #WrongfulDeath #PersonalInjury #bigrivertrialattorneys #Louisiana #AskRustyLaw #rustymesser #defectiveproduct #injurylawyer

⚖️ **Understanding Contingency Fees in Personal Injury Cases** ⚖️Ever wondered how personal injury lawyers get paid? 🤔 In this episode of the AskRustyLaw podcast, attorney Rusty Messer breaks down everything you need to know about contingency fees and what they mean for YOU as a client.💰 **What You'll Learn:**• How contingency fees differ from hourly rates and flat fees• The standard fee percentages: 33% (pre-lawsuit), 40% (lawsuit filed), 50% (appeal)• Why you only pay if you WIN 🎯• The difference between attorney fees and litigation costs• Real examples: what you actually take home from a $100,000 settlement• Why personal injury consultations are FREE (no risk to you!) ✅📊 **Real Numbers Breakdown:**We walk through actual settlement scenarios so you can see exactly how the money gets divided between attorney fees, costs, medical bills, and YOUR net recovery.🎙️ Hosted by Attorney Rusty Messer with Big River Trial Attorneys👉 Been injured in an accident? Have questions about your case? Call us for a FREE consultation—no upfront costs, no hourly fees, and you only pay if we win!⭐ If you found this helpful, please SUBSCRIBE, drop us a review, and share with anyone who needs to understand their legal rights!Big River Trial Attorneys4626 Sherwood Common Blvd., Ste 302Baton Rouge, LA 70816www.BigRiverLaw.com#PersonalInjury #ContingencyFee #LegalAdvice #InjuryLawyer #AskRustyLaw #KnowYourRights #CarAccident #LegalHelp, #RustyMesser, #bigriverlaw