Around 9am on Saturday, October 12 the Hard Rock Hotel partially collapsed over Canal Street in New Orleans after the top six to eight floors buckled onto the structure. According to New Orleans Fire Department Superintendent Tim McConnel, the remaining structure of the building remains unstable and could possibly collapse…
When an unexpected accident occurs, it can be difficult to pinpoint exactly who is responsible for the injury. In the absence of direct evidence of a violation of a duty, the existence of multiple possible parties who might be responsible can preclude recovery. Mr. Baraki Tsegaye (the Plaintiff) filed a…
The doctrine of peremption can prevent someone from bringing legal action against someone should that action be brought after a certain amount of time. Peremption is a period of time fixed by law for the existence of a right. La.Civ.Code art. 3458. This period is defined by an applicable statute.…
Providing preferential seating to disabled customers is a great service most businesses provide. This also means that the wheelchairs, walkers, and other items the disabled customers must be stored in areas that provide a safe walking environment for other customers. The controversy surrounding where it is proper or improper to…
If you get hurt due to someone else’s negligence and they agree to cover the costs, how much time do you have to sue for damages? According to Louisiana’s Second Circuit Court of Appeal, you have one year from when the injury occurred or when prescription is interrupted. Typically, prescription…
Can a store, like Lowe’s or Home Depot, be held liable for injuries resulting from the sale of the wrong part or product? In Ms. Johnson’s case, the answer was no. Sharon Johnson’s lawn mower needed a new spark plug, so she went to the Lowe’s in Shreveport to find…
When representing clients, attorneys walk a fine line between providing adequate services for their clients and being potentially sued by their clients for legal malpractice. While there are legitimate cases of malpractice among attorneys, there are also allegations of malpractice that simply lack merit and are based upon anger from…
We have a reasonable expectation that public shopping areas will be free from dangerous hazards. Most stores even have policies regarding safety procedures. However, these safety procedures are not allows followed and injuries often result. Unfortunately, this is exactly what happened to Michelle Gauthier while shopping at a Dollar Tree…
Accidents happen – both on the job and when going about regular life. When injuries do occur, we are more likely to go about getting treatment rather than gathering evidence. Nobody is falling down the stairs and then getting up to take pictures or get eyewitness reports. Unfortunately, failure to…
Every business which opens its doors to the public owes a duty of care to their patrons, a duty to make sure the patron is safe and free from harm. Often, this is as simple as keeping walkways clear and ensuring spills and other hazards are cleaned up in a…