When you are injured on a store or business’ property, there may be several obstacles in your way that potentially block you from success in your premises liability case. One common obstacle is the “open and obvious” rule, which says generally that, if a hazard was something that a reasonable person would have seen, the property owner isn’t liable. The key to winning is finding a way to overcome those hurdles, as one customer at a dollar store recently did in her Louisiana case, getting a renewed chance to pursue the store despite the fact that the hazard that caused her fall was a large box placed on the floor of the store.
When it comes to auto accidents that cause injuries, many can be what you might call “typical.” For example, Driver A rear-ends Driver B, causing injuries to Driver B’s neck, back, or lower body. Or, perhaps, Driver 1 runs a red light, and Driver 2 crashes into Driver 1, causing injuries to Driver 2. Sometimes, though, your vehicle accident may be far from “typical.” Even when that happens, that doesn’t mean you cannot recover damages for your injuries.
In New Orleans, you don’t need an excuse to parade or party. Mardi Gras is one of the biggest holidays in New Orleans generating an estimated $840 million dollars each year. Mardi Gras draws millions of people, according to the New Orleans Convention and Visitors Bureau, the city’s 37,000-plus hotel rooms are traditionally filled during Mardi Gras. Add the mass amounts of tourists in with the locals, and copious amounts of alcohol and partying – and you are bound to have a few accidents.
This year approximately 2 dozen people were injured when a drunk driver hit two vehicles and then plowed into the Endymion parade crowd at the intersection of Carrollton and Orleans Avenue. This article will discuss our legal analysis of the rights of those injured in the crash and special laws in Louisiana limiting liability of Mardi Gras Krewes under certain circumstances.
Many people have a certain stigma against lawsuits, they believe lawsuits are frivolous and only serve to drive up insurance premiums. And anyone who has been involved in a lawsuit can attest, a lawsuit is often contentious and time consuming. But have you ever taken the time to think about all of the positive aspects of lawsuits? Many haven’t. We would like to expand on the benefits of lawsuits using the recent discovery by counsel for Paul Walker in his daughter’s lawsuit against Porsche.
PAUL V. PORSCHE
On November 30, 2013, Walker was killed after the Porsche Carrera GT, in which he was riding as a passenger, crashed into a concrete light pole and several trees. The photographs of the collision were devastating and showed the mangled car crushed and burned. Because of Walker’s long-time involvement with the racing movie series, The Fast and the Furious, and the severe damage to the car, many assumed the collision was caused as a result of high speed travel and the careless operation of the driver, Roger Rodas. However, Walker’s daughter concluded there was more to the accident than met the eye.
We are living in a corporate world. Today, more than ever before, employees are working more. And like Donna Summer said they work “hard for the money, so hard for it honey…” Any person trying to climb the corporate ladder knows, if you don’t go the extra mile, be prepared to be replaced by someone who will. It is not uncommon for an employee to work 9-5 and then go immediately to a networking or marketing event after hours for which they receive no compensation.
As a result of the increasing burden and demands on employees, many companies offer employee perks such as cell phones, computers and company vehicles. These perks are a win/win – they come at no cost to the employee, and for the employer, there is an added benefit – the employee can easily maneuver from place to place and be accessible which turns into realized profit. Most companies have policies in place providing an employee can only use a company vehicle, phone or computer when they are “on-the-clock” and that these perks are to be used for “business purposes” only. The mix of company perks and after hours expectations create blurred lines with respect to legal liability.
It’s New Orleans, and we all love the Saints. On any given Sunday, you can walk through the Superdome and see countless suites sponsored by corporate entities flowing with laughter, food and booze. Here’s the scenario, a company salesman hops in his company car on a Sunday to pick up some clients and take them to the game. Upon arriving , they all go to the company suite, drink liquor purchased and provided by the company, and after a big win and one too many rounds of tequila shots and singing “stand-up and get crunk”, the employee drives home in the company vehicle causing a devastating accident. Who is responsible? What rights do the victims have? Is the company on the hook?
While we attorneys believe we know it all, there is a reason why we didn’t’ go to medical school. The great Albert Einstein, “if you can’t explain it simply, you don’t understand it well enough.” Experts can play a crucial part to a client’s case. This blog post will discuss the importance of a biomechanical expert in an automobile accident.
THE SCIENCE OF THE EXPERT
Auto accidents are not always black and white, when there is a gray area, science may fill in the gaps. As trial attorneys, many lawyers are faced with the all too common qualms of getting ones argument across to a jury. Whether it be a complex medical malpractice case or a three car accident, the law and circumstances can seem so abstract to a lay person. Charts, visuals, and experts are specifically helpful in a personal injury lawsuit.
- Concern is shown by the defending party or the insurance company that the injuries, which you have suffered from, are not as severe as one claims; or,
- They are trying to find out the exact reasons of your damages.