Louisiana Personal Injury Lawyer Blog
If you slip and fall at a store, you might think the store will be liable for your injuries. However, to succeed in a slip-and-fall claim in Louisiana, there are various elements you must show before you can recover. You might not recover for your injuries if you do not provide evidence to support your claims.
Joycelyn Griffin claimed that she slipped and fell at a Walmart store in Houma, Louisiana, because Wal-Mart’s employees were negligent in causing or failing to remove a foreign substance on the floor. She fell as she headed toward the register to check out. Griffin testified that around the time of the accident, she observed a store employee operating a waxing machine. Wal-Mart testified that this machine was not dispensing any type of liquid. Notably, Griffin testified that she did not recall if the floor was slippery, did not look to see if anything caused her to fall, and did not recall what caused her to fall. Under Louisiana law, in a lawsuit involving slip and fall incidents on a merchant’s premises due to a condition in or on the premises, the plaintiff (here, Griffin) is required to show that: (1) the condition presented an unreasonable risk of harm to the claimant and that risk of harm was reasonably foreseeable; (2) the merchant either created or had actual or constructive notice of the condition which caused the damage, before the occurrence; and (3) the merchant failed to exercise reasonable care. See La. R.S. 9:2800.6(A).
Wal-Mart moved for summary judgment. Under Rule 56(a) of the Federal Rules of Civil Procedure, a court should grant summary judgment when there is no genuine dispute of any material fact. Wal-Mart argued that Griffin had not made a positive showing of the condition’s existence before her fall. The district court granted summary judgment in Wal-Mart’s favor because Griffin failed to provide sufficient evidence to support the elements of her claim, as she could not recall what caused her to fall or provide other evidence supporting her claim. Griffin appealed.
When a chemical leaks from a local business and spreads to a residential area, it is easy to assume that the company has exposed itself to liability for every person exposed to the leak. But what does someone have to prove to be compensated for their exposure? A case out of Avondale explores this question after twenty people were claimed to have been exposed to 
Injury and negligence alone cannot support a personal injury claim. There must be causation or a link connecting a negligent act and the related injury to succeed at trial. A consistent medical history and a plaintiff’s credibility can enormously impact whether a jury decides that a negligent act caused an alleged injury. This principle was affirmed by the Calcasieu District Court when plaintiff Treima Williams was unsuccessful in her claim for damages arising from a road traffic accident. The case below shows how contradictory medical history can affect the outcome of your injury lawsuit.
Injuries sustained on the job present challenges for the employee and employer, especially when multiple sites of injury are involved. In addition, injuries all over the body can require different medical treatments for each affected area. Specialized treatments such as a spinal cord stimulator can be recommended to alleviate pain to an injured worker. However, a workers compensation insurance company may not be amenable to pay for such treatment. The following case addresses the question, can a workers compensation claimant receive spinal cord stimulator treatment in Louisiana?
The Collateral Source Rule in Louisiana law prevents a tortfeasor (a person who harmed another) from benefiting from the victim’s receipt of funds from an independent source. So what does that mean?
Lawsuits and appeals can bring up complicated legal issues such as jurisdiction. Jurisdiction is a legal principle that determines the extent and authority of a court to hear and decide cases. There are two primary types of jurisdiction: personal jurisdiction and subject matter jurisdiction.
Insurance claims can be complex, even for the courts. Lawsuits involving multiple plaintiffs and defendants are just as complicated. Claims, cross-claims, and counterclaims can arise from a single accident.
Most consumers in the U.S. are aware of increasingly high medical costs. For most people, those high costs are not directly paid; instead, they appear on a bill along with what one’s insurance company will pay as part of an agreement with the medical provider. Many insured consumers will look for “in-plan” medical providers to ensure that most costs are covered. Those “in-plan” providers are part of a preferred provider organization (PPO), which is a subscription-based medical arrangement that allows a substantial discount on rates to be charged.