Articles Tagged with Premises Liability

accident_report-300x200Everyone 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.”

Ball_hit_golf-300x200Premises liability-related injuries can come in a variety of types. People most commonly picture these types of cases as “slip and fall” or “trip and fall” scenarios, but the reality is that there’s an array of accidents that can lead to your potentially receiving compensation in a successful premises liability lawsuit. Want to know more? Contact an experienced New Orleans injury attorney to find out how the law applies to your specific circumstance.

Recently, news sources like USA Today reported on the unfortunate and graphic injury a spectator suffered at Ryder Cup golf event in France. One of the golfers hit an errant shot that veered into the gallery and struck the woman in the face. Reports described the injury as an “exploded” eyeball and indicated that doctors expected the woman to lose sight in that eye permanently.

fallen_woman-300x199Sometimes, you may have some – but not all – of the information you need about a legal matter. Say, for example, you are injured during a slip and fall at a business because a spill was left on the floor. You may know that this spill potentially makes the business liable for your injuries. However, how long must the spill have been on the floor in order for you to win your case? What types of evidence do you need to demonstrate that the spill was there long enough? These and other things may, quite reasonably, be outside the scope of your knowledge. That’s why, if you’ve experienced a slip-and-fall injury, you should equip yourself and your case with the knowledge provided by a skilled New Orleans injury attorney.

A recent case from here in New Orleans involved actual facts similar to the hypothetical ones above. A guest at a New Orleans casino slipped, fell and got hurt crossing a walkway. She allegedly slipped because she stepped on some food on the floor. According to the guest, she was in the process of leaving the casino and was passing through a dimly lit area between a restaurant and a lounge when she slipped. Allegedly, a casino employee told her she slipped on a “smushed grape.”

premises_liability-300x200You 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.