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construction workerAs a construction worker, you understand that there are certain dangers that come with your job. One risk that you probably don’t expect, though, is being involved in an elevator accident because the elevator malfunctions and crashes. However, that is exactly what happened to several workers working on a condominium construction project in the Central Business District of New Orleans this summer. The accident injured five and is a reminder that, as with almost anything else, elevators fail sometimes, and, when they do, people can get hurt. When that happens, it pays to have skilled Louisiana elevator accident counsel on your side.

On a promotional web page, The Standard condominium in the Central Business District is billed as boasting “a visionary’s passion for thoughtful, future-facing design.” The property is scheduled to open in the spring of 2018. In the summer of 2017, though, that design was still under construction. WWL TV reported that, on July 28th, workers next door to the project heard what they described as the sound of an elevator’s emergency braking system giving way, and then they heard the sound of the elevator crashing down seven stories to the ground.

At the time of the accident, 11 people were inside the elevator. That number meant the elevator was well below capacity, Doug Castro, who worked for an OSHA training and safety education entity based in New Orleans, told WWL.

stop signThere can be many different way that the opposition in your auto accident case may seek to defeat your claim. Sometimes, some of those strategies involve challenging the things you did or didn’t do. This may involve proving that you were partly to blame for the accident, or, if not, it may involve accusing you of failing to take all of the appropriate steps to minimize the harm you suffered or, in legal terms, mitigate your damages. With representation from a knowledgeable Louisiana car crash attorney, you can address and defeat a claim that you failed to take the steps needed to minimize your harm.

An example of this scenario was the lawsuit filed by Juliet, who was in a two-car collision south of Baton Rouge. Juliet was driving her Honda Accord when Austin, who was traveling along an intersecting road, ran a stop sign and slammed into Juliet’s vehicle. The impact threw the Honda off the road and into a ditch, causing significant injuries to Juliet in the process.

The crash totaled Juliet’s Honda. After several trips to doctors, Juliet received a diagnosis of “cervical spine strain/spasm/contusion and whiplash.” Despite numerous sessions of physical therapy, Juliet’s neck spasms and burning sensations continued to trouble her for many months after the accident.

uber-car-accident-lawyer-300x202We are currently experiencing what is known as the “sharing economy”. Hundreds, if not thousands, of companies have emerged on the scene to accommodate this phenomenon which is dominating popular culture. From sharing cars to homes, the “collaborative consumption” model is transforming many industries.

A few of the more well-known companies involved in the sharing-economy include:

  • Airbnb

fogSuffering an injury in an auto accident in which weather or atmospheric conditions play a role can present some distinct challenges. Since the law recognizes an “act of God” defense, your case may encounter some unique hurdles in pursuit of compensation for the harm you’ve suffered. With the help of a knowledgeable Louisiana car accident attorney, you may still be able to succeed despite an opponent’s claims of an “act of God.” In one injured man’s case, he won his appeal because he persuaded the court that the defendant’s inaction opened it up to potential liability.

The holiday season was not 100% happy and bright for a Louisiana man named Scott in 2011, when he found himself involved in a multi-car pile-up. In the pre-dawn hours of Dec. 29, 2011, he was a passenger in a vehicle that encountered heavy, dense fog and smoke along westbound Interstate 10 in the New Orleans area. Visibility dropped to near zero. The driver began braking but hit the truck in front of him. That vehicle was stopped because it had rear-ended the vehicle in front of it. The vehicle carrying Scott was subsequently hit by two more vehicles.

In multi-car collisions, the facts may indicate many different possible strategies in terms of legal action. The involvement of numerous drivers means that there may be multiple different people or entities that could be liable to you for the injuries that you suffered in the crash. Additionally, if some outside person or entity did something to create a dangerous situation that led to all of the collisions, that person or entity may be at fault too.

truckaccidentcardonelawfirm-300x200There are many rules, doctrines, presumptions, balancing tests, and other concepts written across the law, including when it comes to personal injury law. That is why knowledgeable Louisiana injury attorneys are so important to your personal injury case. You certainly know the facts of your case. But do you know how to go about obtaining the evidence you need? Do you know which legal concepts will apply to your case? One concept that can affect many types of personal injury cases is the “duty-risk analysis.”

Last year, the Court of Appeal looked at a case involving a fast food customer injured by a cup of hot coffee. In making its decision in that matter, the appeals court pointed out the four factors that go into the duty-risk analysis:  “(1) Was the conduct in question a substantial factor in bringing about the harm to the plaintiff…? (2) Did the defendant(s) owe a duty to the plaintiff? (3) Was the duty breached? (4) Was the risk, and harm caused, within the scope of protection afforded by the duty breached?” In other words, did the defendant cause the injury, did the defendant have a duty to the plaintiff, did the defendant violate that duty, and was the injury suffered within a reasonable “scope of protection” of the duty?

In last year’s coffee case, the plaintiff lost because she admitted that she lifted the drink from a drink holder by grabbing the lid. The plaintiff had a problem with the first element, in that she lacked proof that the defendant’s conduct caused the injury.

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A Christmas Day 2014 multi-vehicle interstate highway accident northwest of New Orleans provides a clear example of how auto accident cases are not always what they may initially seem. What started out, allegedly, as a pair of straightforward collisions ended up involving multiple additional parties, reconventional demands, and third-party demands. Your injury case, like many things in life, may be unpredictable, which is why you should always be prepared and have skilled Louisiana car accident lawyers on your side from the start.

The injuries that led to litigation in this instance took place along Interstate 10 in Jefferson Parish. According to the complaint filed by the original plaintiff, Eldridge, a vehicle driven by Max rear-ended him. That impact allegedly spun Eldridge’s vehicle such that it came to a stop perpendicular across two lanes of traffic on eastbound I-10. A motorcycle driven by David subsequently passed through the area and allegedly hit Eldridge’s vehicle. The impacts resulted in Eldridge suffering injuries.

Eldridge, however, wasn’t the only person injured in the crash. David had suffered harm too. David, in fact, submitted a filing in the case that asserted that he was not liable to Eldridge and that a third party had caused him to crash. Specifically, according to David’s version of the facts, Max hit Eldridge, and, while both cars were stopped along the interstate highway, Shahid (an uninvolved driver) stopped to offer assistance. As David approached the accident site, Carrie, who was Shahid’s passenger, exited Shahid’s car, which led to David colliding with her. That impact allegedly threw David from his motorcycle and caused his unmanned motorcycle to collide with the door of Eldridge’s car. Based upon this version of the accident, David named Carrie as a third-party defendant liable to him for the injuries he suffered.

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Excluding those who have a phobia about elevators, the chances are that most of the rest of us engage in the act of entering, riding in, and departing an elevator without giving it a second thought. Some people may be able to go through life without ever encountering a malfunctioning elevator. With multiple instances of elevator-related injuries occurring in the New Orleans area recently, though, it is clear that not everyone will be so fortunate. If you are injured in an elevator accident, it is important to act promptly and seek counsel from an experienced Louisiana premises liability attorney who can help you protect your interests.

One of the recent headline-making accidents was particularly unfortunate because it involved teens doing missionary work. The teens were here on behalf of their Presbyterian church located in Wahoo, Neb. and were at the home of their host family this past July when the home’s elevator crashed from the third floor all the way to the ground. All four teens suffered either leg or ankle fractures, KETV reported.

Also in July, an Orleans Parish man allegedly suffered injuries while riding in an elevator at an office building in New Orleans. The man, according to his lawsuit, was taking the elevator from the fifth floor to the fourth when the elevator malfunctioned, unexpectedly dropping twice and eventually stopping down at the second floor. The man’s negligence lawsuit stated that the pair of drops caused him to suffer physical and emotional injuries, according to a Louisiana Record report.

cardonelawfirmblogcaraccidentroadway-300x225Auto accidents case may have many nuances, details, and points for which you need to make important tactical and strategic decisions. For example, you are a passenger in a vehicle that’s involved in a two-vehicle crash. You suffer injuries in the crash. Whom do you sue? These and other important choices are places where the advice and representation of an experienced Louisiana car accident attorney may make the difference between success and defeat.

One case in which the injured passenger had to deal with making such choices was one that arose from a collision in Baton Rouge in 2012. Lance was attempting to turn his 2004 BMW left out of a parking lot and onto the main road. Patrick was attempting to merge his SUV into the left turn lane on that same main road. Both men made their moves at around the same time, and Patrick’s SUV struck Lance’s BMW.

Brian, who was Lance’s passenger, was injured in the accident. Brian sought to recover damages for his injuries. Brian wisely acted to sue multiple defendants to ensure that his right of recovery was protected. He sued Patrick and Patrick’s auto insurer. He also sued Lance and Lance’s auto insurer. This helped him because, potentially, a jury could have found that Lance was 100% at fault and was liable to Brian, that Patrick was 100% at fault and liable to Brian, or that they both shared legal blame and both owed damages to Brian.

cardonelawfirmslipandfall-300x225In your personal injury case, the road to success involves many, many steps. Some of them definitely involve the facts of your case, such as the nature of the accident and the nature of your injuries. Others, though, involve things that are more procedural or tactical in nature, including the process of discovery in your case. This is one of many areas in which a Louisiana slip-and-fall attorney is extremely beneficial to you. Whether you are making discovery requests or responding to them, your knowledgeable counsel can make sure that you are complying with the rules and avoiding pitfalls along the way. In one recent slip-and-fall case from Alexandria, the management of the discovery process was integral to the injured man’s success.

The plaintiff was a man walking through an Alexandria, La. hospital in 2006. As he walked across a sloped ramp that was part of a skybridge, he slipped and fell. The man was hurt in the fall, and he eventually sued for damages. Initially, the hospital admitted, within its response to a “Request for Admissions” made by the plaintiff, that the plaintiff fell in water, that the wet spot was a result of mopping performed by the hospital’s custodian, and that the custodian removed warning signs from the area when he finished mopping, which was mere minutes before the plaintiff encountered the area and fell.

The lawsuit advanced slowly. The hospital’s admission about the wet spot was made in 2012. Three years after that, and nine years after the accident, the hospital asked the court to allow it to change its responses to the plaintiff’s first request for admissions. The trial court rejected the hospital’s request to change its answers. Armed with these unaltered responses to the request for admissions, the plaintiff asked the court to issue a partial summary judgment in his favor. The trial court agreed and entered the order in favor of the injured man.

Busaccidentcardonelawfirm-300x201The Louisiana Court of Appeal recently upheld a jury verdict and nearly $500,000 damages award. The injured plaintiff was able to prevail because he had evidence that established clearly that the defendant driver was negligent. In many Louisiana bus accident cases, it is helpful to have proof that will allow a judge or jury to decide in your favor on multiple bases. In this case, the appeals court made the decision to uphold the lower court because the evidence showed that the defendant driver was either inattentive or following too closely, and, either way, his driving fell below the appropriate standard of care.

The plaintiff was a passenger on a bus that narrowly averted a rear-end collision with a pickup truck in New Orleans. The bus’ sudden braking to avoid hitting the truck threw the plaintiff from his seat in the bus. He landed on his right side on the floor of the bus near the driver’s seat. Shortly after the impact with the floor of the bus, the passenger began experiencing shoulder pain.

The passenger sued the bus driver, the transit authority, and its insurance company. The passenger’s case went forward as a “bench trial,” which means that a judge, rather than a jury, decided the case. The judge entered a verdict in favor of the passenger and assessed $695,000 in damages. Even after a 30% allocation of fault to the driver of the pickup truck, that still meant an award of $487,000.