Personal Injury

July 26, 2019

Slip-and-Fall or Trip-and-Fall Accident Cases and ‘Constructive Notice’ in Louisiana

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.”

July 25, 2019

Freak Accident at a Ryder Cup Highlights Issue of Unusual Accidents

by Cardone Law Firm

Premises 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.

July 25, 2019

How to File a Louisiana Injury Lawsuit in a Different Parish

by Cardone Law Firm

In a Louisiana personal injury legal case, you may hear many technical words and phrases tossed around. You might hear things like “venue,” “personal jurisdiction,” “subject matter jurisdiction” or “territorial jurisdiction.” These things can be extremely important to your case because if you sue in the wrong court where jurisdiction isn’t present your action may get dismissed. Even if you are allowed to re-file later, it will cost you valuable time and may cost you your case entirely if the statute of limitations has run out. That’s why it is so important to get it right the first time. To that end, you should be sure that you have legal representation from a knowledgeable New Orleans injury attorney, to avoid these legal traps that can potentially stymie otherwise deserving plaintiffs.

One injury case that included extensive arguments about jurisdiction was the auto accident case of C.T. C.T. was injured in New Orleans in the fall of 2011. One year minus one day later, she sued in parish court in Jefferson Parish to seek compensation for her injuries. The injured woman sued the other driver and his auto insurer. The defense tried to attack the lawsuit using a procedural approach. They argued that because the accident happened in Orleans Parish and the defendant driver lived in Orleans Parish, the court in Jefferson Parish didn’t have jurisdiction to try the case.

July 24, 2019

Getting the Evidence in Your Staircase Slip-and-Fall Case in Louisiana

by Cardone Law Firm

When you are injured in a trip-and-fall or slip-and-fall accident on the premises of a commercial building, you may have various options. Your legal claim for damages may properly seek compensation from the building’s owner, or perhaps against a tenant. The key is to determine who legally “controlled” the area where you were injured and to target that party (or parties) in your legal action. To make sure your case in handled with optimal efficiency and effectiveness, be sure to retain the services of an experienced New Orleans injury attorney.

Recently, a woman was injured while exiting a commercial building in New Orleans. E.C. was leaving the building when she stepped onto a set of cement stairs and fell. The staircase did not have a handrail. E.C. suffered serious injuries, including multiple disc herniations, left knee strain and nerve damage. The injured woman pursued the owner of the building in her lawsuit.

July 24, 2019

How a ‘Smushed Grape’ Caused a Slip-and-Fall Injury

by Cardone Law Firm

Sometimes, 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.”

July 23, 2019

Successfully Pursuing a Louisiana Injury Case When Your Serious Accident Has Altered the Trajectory of Your Personal and Professional Life

by Cardone Law Firm

Most injuries are painful, and many can be long-lasting or even lifelong in terms of their effects. Still, there are some injuries that are especially painful and damaging. For example, there is something called a “de-gloving” injury. A de-gloving is incredibly painful and damaging and happens when a large area of skin from a limb is basically ripped off the tissue beneath it. They often result in a lifetime of pain, as well as permanent disability.

There are several types of vehicle accidents that can cause de-gloving injuries, including motorcycle and bicycle crashes, as well as pedestrian accidents. Given the extensiveness of these injuries and the long-lasting effects they cause, including perhaps effectively ending a victim’s ability to work in his previously chosen career, knowing how to secure a full amount of compensation is a must. This is one reason among many to be sure you have a knowledgeable Louisiana injury attorney handling your case.

July 17, 2019

New Orleans Woman Proceeds With Trip-and-Fall Lawsuit Against Her Neighbors

by Cardone Law Firm

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

July 16, 2019

Win Your Louisiana Premises Liability Case by Overcoming an ‘Open and Obvious’ Argument

by Cardone Law Firm

You 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.

July 15, 2019

How Jury Misconduct May Allow You to Obtain a New Trial in Your Louisiana Auto Accident Injury Case

by Cardone Law Firm

You went to trial… and you lost. But then, after the verdict, you find out there was jury misconduct. What do you do? What can you do?

Sometimes, cases are clear-cut. In fact, sometimes, the defense may even admit liability. Other times, however, each side will strongly present almost diametrically opposed descriptions of the underlying facts, and leave it in the jury’s hands to decide which side is more credible. In any injury case, but especially if your case falls into that latter category, you need to make sure that your outcome is decided by a jury free of prejudicial misconduct. If jury misconduct does happen, you need to know how to handle it. In other words, no matter what comes you way, you need to make sure that you have experienced New Orleans personal injury counsel on your side to handle your auto accident case.

July 15, 2019

Procedure Matters, and It Can Be the Difference Between Success and Failure in Your Louisiana Injury Case

by Cardone Law Firm

When it comes personal injury scenarios, most people will focus heavily on the factual aspects of the case – who did what to whom, who failed to do something that they should have, etc. These issues are, without question, important ones. However, when it comes to achieving success in a personal injury litigation matter, there’s much more than just that. If you want to succeed and get the compensation you need, it requires following all of the right procedures, too. This is one area among many where representation from a skilled Louisiana injury attorney can be invaluable.

A few months ago, the Court of Appeal ruled on the case of K.B. K.B. had some things going against him in the late summer of 2015. For one thing, he was locked up in the Lafayette Parish Correction Center. For another thing, his cell allegedly was near an area of leaky plumbing that caused water to seep into his cell floor. On two different occasions, one on August 31 and one on September 17, K.B. allegedly slipped and fell on the wet floor in his cell.