evidence

July 26, 2019

Slip-and-Fall or Trip-and-Fall Accident Cases and ‘Constructive Notice’ in Louisiana

Everyone has an expectation that the property will be safe when they go inside a store, whether it’s a small market or a big-box superstore. That means floors should be free of slip and fall hazards and aisles void of trip and fall hazards, among other things. Unfortunately, that doesn’t always happen. When you’re hurt in a slip-and-fall or trip-and-fall accident on a merchant’s property, there are certain things you must do as part of your Louisiana lawsuit. To make sure you are putting together the right case to get you the successful outcome you seek, be sure to reach out to an experienced New Orleans injury attorney.

Whether your slip-and-fall incident is a merchant liability case or one against a private property owner, you must show that the property owner had actual notice of the hazard or else had “constructive notice.” Constructive notice means that the dangerous condition existed for a long enough period of time that the property owner would have known about it if it “exercised reasonable care.”

July 16, 2019

Win Your Louisiana Premises Liability Case by Overcoming an ‘Open and Obvious’ Argument

by Cardone Law Firm

You may not immediately be familiar with the phrase “premises liability,” but you probably are familiar with many of the types of accidents that relate to premises liability. These cases often involve trip-and-fall or slip-and-fall accidents. While these accidents may seem relatively minor, they have the potential to inflict serious and long-lasting damage. If you’ve been hurt in a trip-and-fall or slip-and-fall, the property owner may try to defend itself by arguing that the hazard was obvious and that you should have seen and avoided it. Succeeding in your case will involve not only providing sufficient evidence of your case but also defeating the defenses offered by the property owner. For help and guidance in clearing these and other hurdles in your premises liability case, talk to a skilled Louisiana premises liability lawyer.

One example of an injured person who overcame an “open and obvious” defense was Raymond, a plumber who, in December 2013, was doing work on a new home under construction in Metairie. While at the job site, the plumber fell from a landing of a staircase leading to the second floor of the house, suffering serious injuries in the fall. The plumber sued the homeowner and the homeowner’s insurance company for the damages he had suffered. The plumber’s lawsuit contended that the landing lacked a stair railing and that the absence of that railing was what caused him to fall and become injured.

July 15, 2019

Procedure Matters, and It Can Be the Difference Between Success and Failure in Your Louisiana Injury Case

by Cardone Law Firm

When it comes personal injury scenarios, most people will focus heavily on the factual aspects of the case – who did what to whom, who failed to do something that they should have, etc. These issues are, without question, important ones. However, when it comes to achieving success in a personal injury litigation matter, there’s much more than just that. If you want to succeed and get the compensation you need, it requires following all of the right procedures, too. This is one area among many where representation from a skilled Louisiana injury attorney can be invaluable.

A few months ago, the Court of Appeal ruled on the case of K.B. K.B. had some things going against him in the late summer of 2015. For one thing, he was locked up in the Lafayette Parish Correction Center. For another thing, his cell allegedly was near an area of leaky plumbing that caused water to seep into his cell floor. On two different occasions, one on August 31 and one on September 17, K.B. allegedly slipped and fell on the wet floor in his cell.

August 3, 2016

To have and to hold…..How long can the Sheriff’s Office hold accident evidence under investigation?

by Cardone Law Firm

We have the pleasure of representing a family who lost their mother in a tragic car accident with a Jefferson Parish Sheriff’s deputy. The car accident occurred on April 11, 2016, approximately 4 months ago – and to date, the family has been denied access to the vehicle, denied access to the findings of the investigation and denied access to any other evidence. The Sheriff’s Office has still not returned their mother’s vehicle to the family, nor granted the family access to view the vehicle. This begs the question, is 4 months a reasonable time period to withhold evidence from a family who is seeking answers?

The Sheriff’s Office has declined to allow the family access to the evidence and information they are seeking based on La. R.S. § 44:3. La. R.S. § 44:3 is a special law in Louisiana which allows the Sheriff’s Office and District Attorney to deny access to evidence “pertaining to a pending criminal litigation or any criminal litigation which can be reasonably anticipated…” Per our communications with the Sheriff’s Office, it is standard operating procedure for every accident involving a deputy to be presented to the District Attorney’s Office. Once presented to the District Attorney’s Office, the reviewing attorney will determine whether anyone involved in the accident will be prosecuted. Other than this law, their are no other guidelines which govern the timeliness of an accident investigation or the District Attorney’s review period.