Louisiana Injury Lawyers Blog
Coronavirus is on everyone’s mind, and rightfully so. In this time of uncertainty, the safety and well-being of our clients, staff, friends, and community at large is our top priority. However, life goes on for us at the Cardone Law Firm. We are getting calls, emails and texts from folks who have been involved in accidents and need our help.
Yesterday, I received a call from a prospective client, Jeffrey, who complained about injuries he suffered in a slip and fall. These cases can be extremely difficult for attorneys in Louisiana to obtain a recovery for you. Louisiana Law is crafted to favor shop owners, restaurants, retailers, supermarkets, hotels and other retail establishments.
I told Jeffrey that we will have a heavy burden of proof in order to recover any money to compensate him for his injuries. Jeffrey advised me that he slipped on a damp floor and fell. There were no warning signs, cones, or notices posted that called his attention to the wet area. He also stated there were not any witnesses. I advised him that we would have to prove that the merchant had notice of the damp floor well before he fell and that they did not do anything to prevent the incident. He also told me that there were not any footprints left on the damp floor that he could see before he walked on it. This indicated that the damp condition was not present very long. If there were footprints on the floor, it could be argued that the condition was present for some length of time, which should have allowed the merchant to discover the hazard. Additionally, Jeffrey said he was not injured bad enough to even go to the doctor after the fall, but he would like to go to a doctor now.
Typically, we at the Cardone Law Firm only take slip and fall cases where it can be proven that the shop owner had actual knowledge that the dangerous condition existed or that it was in existence for such a long period of time that it should have been discovered. Secondly, we require that the injuries are severe enough to warrant surgery. Why? Because as we indicated above, these cases are difficult, and the deck is stacked against the victim. It becomes an economic decision for us. The greater the injury; the greater the exposure is for the shop owner, and the more the likelihood is for a settlement or judicial recovery.
So, considering that in Jeffrey’s case it would be impossible to prove that the shop owner had notice of the damp condition in advance of his fall and that his physical injuries did not require surgery, we were not in a position to handle his case.
These are the practical considerations that we and other law firms look at before making the decision to accept or reject a slip and fall case.
If you would like us to give you a free consultation regarding your case, please do not hesitate to PHONE CARDONE at 504-522-3333 or email us at ccardone@cardonelaw.com.