May 11, 2023
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VIEWING ARCHIVES FOR:
Slip and Fall
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What is Res Ipsa Loquitor?
Personal injury lawsuits can be complicated, especially when they involve injuries sustained while shopping. Mary Mason found herself in this situation at a Burlington store in Lafayette, Louisiana, when a chair collapsed as she sat on it, causing her to fall and sustain injuries. Despite suing Burlington and claiming negligence, her case was dismissed due
May 10, 2023
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Leaking Hole in Jail Cell, Can you File a Lawsuit for Cruel and Unusual Punishment?
When prison officials do nothing to fix a large hole that leaks onto the floor in a jail cell, could the inmate have a claim for cruel and unusual punishment? The Fifth Circuit Court of Appeals case answers no. Many instances of inmates complaining about mistreatment are not uncommon to hear about, but when do
May 5, 2023
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What is a “Two Contract Defense” In Louisiana Lawsuits?
When subcontractors get injured at work, it can be confusing to determine who is liable for damages. This case shows a company’s failed attempt at using the “two contract defense” to dismiss claims in a slip and fall case. It also helps answer the question; What is a two-contract defense in Louisiana Lawsuits? For a
April 28, 2023
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Litigation
What do I need to Prove for A Slip and Fall Lawsuit in Louisiana?
To win a slip and fall lawsuit in Louisiana, you must meet a strict burden of proof defined by Louisiana Revised Statute 9:2800.6 (The Merchant Liability Act). Under this law, it is not enough to show that you were injured; you must prove the merchant was legally negligent. The 3 Elements You Must Prove in
April 19, 2023
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Utility Ground Hole Fall Lawsuit Fails on Lack of “Constructive Notice”
If you fall into a utility box with no cover, one would likely think they can recover for the damages they endured. However, in Louisiana, lawsuits aren’t as easy as you think. For example, is a company responsible for the utility box if it didn’t have “constructive notice” the ground hole cover was defective? The
April 18, 2023
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Door Closing Mechanism Causes Trip and Fall, Who is Liable?
Who is Liable for a Slip and Fall Accident in Louisiana, the Landlord or Tenant?
April 18, 2023
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A Warning Cone and a Wet Floor, Who Wins in a Slip and Fall Lawsuit?
We have all seen warning cones and signs in front of a wet floor at a business. But what happens when you fall in front of the warning cone? Can the company still be held accountable for your injuries? The subsequent lawsuit, Kenner, Louisiana, shows how courts review slip and fall lawsuits on wet floors
April 17, 2023
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Accidents
Can a School be Held Liable for a Visitor’s Injuries on its Campus?
Schools are institutions for learning and public meeting spots for numerous events. People come and go daily and the safety of all visitors is paramount. But what happens when a visitor to a school is injured on the premise? Can a school be held liable for a visitor’s injuries on its campus? The following case
April 16, 2023
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Accidents
Baton Rouge Recreation and Park Commission Found Not at Fault for Child’s Injuries
When someone is injured in an accident, the question often arises, who is at fault? Certain factors must be met to find fault in an injury case. The following case outlines the elements which must be proven to file a personal injury lawsuit against a public park in East Baton Rouge.   While climbing spectator bleachers
April 15, 2023
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Jeffrey Berniard
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.