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.”
Suffering injuries in a trip-and-fall or slip-and-fall accident can be painful, both physically and emotionally. If you’ve suffered harm due to a hazardous condition on someone else’s property, you may be entitled to recover damages. In many of these situations, the property owner will try to defeat your lawsuit by arguing that the hazard that felled you was “open and obvious.” A recent Louisiana Court of Appeal ruling in favor of an injured woman further clarified when a hazard can (and cannot) be open and obvious. When it comes to these and other areas of the law that can often be very nuanced, it helps to have an experienced Louisiana premises liability attorney on your side.
The dispute that spawned the recent Court of Appeal opinion was a premises liability case pitting two sets of New Orleans neighbors against each other. Carol was walking her dog at around 10:15 pm
Louisiana boasts many vibrant industries, including oil, natural gas, commercial fishing and tourism. But do you know which industry is #2 in Louisiana? It’s timber. Which such a large timber industry also comes some potential drawbacks, like roadways accidents involving log-hauling trucks. These loads are often extremely heavy and, if a crash happens, the consequences are frequently severe.
If you’ve been injured in an accident with a log truck, it’s very possible that you suffered substantial harm, including a mountain of medical bills, an extended time off work and a lot of pain and suffering. To make sure what you get what you deserve in a civil lawsuit, be sure you act swiftly to retain an experienced Louisiana accident attorney to represent you every step of the way.
Motorcyclists are particularly vulnerable on the road. Accidents involving motorcycles often leave bikers with severe or fatal injuries. Due to these accidents’ frequent severity, motorcyclists have an especially high need for knowing how to go about getting all of the compensation that the law allows. That includes identifying all of the people and entities who were liable for your crash and obtaining judgments or settlements involving each of them. All of these processes, and outcomes, can be enhanced by putting the knowledge of an experienced Louisiana injury attorney on your side.
What do we mean by identifying all defendants? The case of a motorcyclist named D.N. is a good example. Reportedly, D.N. was traveling on a four-lane road in Alexandria. As D.N. passed by a local restaurant, T.D. was trying to exit that restaurant and enter the road in his pickup truck. With his vision allegedly obscured by another pickup truck parked on the public right-of-way at edge of the restaurant’s parking lot, T.D. proceeded with his turn. The two vehicles crashed. The impact was massive enough to total both vehicles and cause D.N. to suffer severe injuries.
In 2005, Officer Coyle was riding with his father across the Causeway when their vehicle suffered a flat. An impaired driver would end up rear-ending their vehicle. While Christian survived the accident, his father, unfortunately, did not.
WDSU TV reported this summer on the untimely death of an office worker in New Orleans. The man died after the elevator carrying him stalled between floors, and, after a long delay, he attempted unsuccessfully to jump down to the next floor below. The tragic ending is a reminder that elevator accidents can potentially have dire consequences. When an elevator accident causes you to suffer harm, you need to act swiftly and retain a skilled Louisiana elevator accident attorney to get to work for you.
The WDSU report indicated that, according to employees who worked there, the elevators at the Executive Plaza had issues frequently. One worker stated that the “elevators go out every day. The fire alarm goes off and the air condition(ing) goes out and people are always getting stuck.”
As 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.
If you’ve been injured in a vehicle accident, such as an ATV crash, there may be multiple parties that could, depending on the facts of your case, be liable for your injuries. They might include the vehicle manufacturer, the driver, the vehicle owner, or the owner of the property where the crash occurred. In a recent case involving a woman whose arm was crushed in an ATV accident on a public street, the courts decided that she could not pursue a claim against the insurance company of the ATV’s owner. Due to who was driving and where the accident took place, the Louisiana Court of Appeal decided that the insurance company was, in this circumstance, entitled to conclude that its insurance policies did not cover the accident.
The woman’s injuries arose from a weekend birthday celebration gone wrong. Danielle Schelmety, her boyfriend, Michael Smith, and Smith’s roommate, James Johnson, decided to drive from their law school in Jackson, Miss. to Ruston, La. to attend a crawfish boil as part of Smith’s birthday celebration. Once in Ruston, the trio stayed at the home of Smith’s parents for the weekend. On Friday, Johnson took Schelmety for a ride in a Yamaha Rhino (a type of “side-by-side” four-wheel ATV) owned by the Smiths, with the Smiths’ permission. Johnson drove along several public streets and, while navigating a turn at the end of a cul-de-sac, flipped the vehicle, which pinned Schelmety’s arm to the ground. The accident shattered and crushed her forearm, wrist, and hand.
In a recent case from south-central Louisiana, a shopper who slipped and fell in a grocery store aisle near a “Wet Floor” sign was unable to pursue her case against the store. Although the shopper’s evidence included contradictory testimony about the basis for the sign’s placement, her case still fell short. The Louisiana Court of Appeal‘s decision reminds businesses and patrons that, to succeed in a Louisiana Merchant Liability Statute case, the injured person needs proof that the store caused the hazard and that the hazard had existed for “some period of time.”
The source of this case was the injuries Regina Williams suffered while shopping at a Super 1 Foods store in New Iberia. Williams and her daughter were walking down the frozen foods aisle when they spotted a “Wet Floor” sign. The women passed the sign, and, a few steps later, Williams slipped and fell on what she described as a puddle of water. Williams sued the store’s owner, Brookshire Grocery Co., for her injuries.