Articles Posted in Slip and Fall Injuries

Business trips can provide opportunities for networking and leisure, but unexpected injuries can turn the experience into a nightmare. One such example is the case of Jonathan Peters, who attended a business convention in New Orleans and stayed at Harrah’s Hotel.

Peters visited New Orleans for a business convention and stayed at Harrah’s Hotel. Around midnight, Peters exited the hotel to get something to eat. Peters walked on the hotel’s brick sidewalk as it was raining. When he began to slip, he moved to step on a hose to prevent himself from falling, yet he slipped and broke his wrist. After the fall, Peters underwent surgery at Tulane Medical Hospital, but this procedure did not rehabilitate him. Peters alleged he permanently lost the range of motion in his wrist.

Peters sued Jazz Casino and JCC Fulton Development, L.L.C. (“Jazz Casino”), the owners and operators of the hotel. Jazz Casino asked the lawsuit to be placed in the federal district court and filed a motion for summary judgment. The motion for summary judgment was granted. Unhappy with that decision, Peters appealed.

Casinos can be a chaotic mix of adrenaline and alcohol. While a cultural staple of sportsmanship and skill, it is unsurprising that injuries often occur at casinos. The casino may be liable in some instances, but casino guests are also responsible for acting reasonably and taking precautions to ensure their safety, such as moderating alcohol consumption. When a guest under the influence is injured while on casino property, a required showing of causation may be absent due to the contributory factor of intoxication.

Lee Edminson suffered a traumatic brain injury after falling down an escalator at Harrah’s New Orleans Casino in the early hours of the morning. Edminson’s blood alcohol content at the time of the accident was over three times the legal limit in Louisiana. He brought suit against the casino, alleging negligence in the maintenance of the escalator. The cause of action of the premises liability claims was La. Civ. Code article 2322, damage caused by building ruin, and article 2317, acts of others and things in custody. 

The trial court found in favor of the defendants on a  motion for summary judgment. The court, therefore, held that there was no causation because of the intervening cause of Edminson’s extreme intoxication. The plaintiffs appealed that judgment because they felt there was a dispute of fact about whether the escalator created an unreasonably dangerous condition that was not open and obvious. 

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?

In 2013, Quiana Lorden worked for Southern Care Hospice (“SCH”). At the time of the underlying incident, she was assisting a hospice patient living at Merryville Rehabilitation (“Merryville”), a skilled nursing facility (SNF). While helping the patient out of the shower, she noticed a large amount of water had pooled on the floor and called a housekeeper to clean it. However, the housekeeper spread the water to other areas of the floor while attempting to clean, causing Lorden to slip and injure her knee. 

Lorden filed a lawsuit against Merryville, among other related parties, to recover damages. Merryville filed for summary judgment, arguing that they were exempt from tort claims because they were Lorden’s “statutory employer” under La.R.S. 23:1061. The court granted their motion and dismissed the claim. Lorden appealed, arguing that material issues of fact remained as to whether Merryville was her statutory employer. 

Imagine shopping at the grocery store, selecting fruit, when suddenly you are flat on your back.  Not just embarrassing but also painful and potentially injury-causing.  Who should be liable in this type of case? In a similar case involving a Lake Charles Kroger store, the answer lay in who had notice of the hazard.   

Glenda Parks was shopping at Kroger, perusing the produce section.  After she passed the grape display, she slipped and fell.  A store employee was working close by and helped Parks up.  Parks proceeded to shop in the same area, then walked back to the grapes where she had fallen.  She noticed several grapes on the floor, including some smashed ones.  The Kroger employee was cleaning up the grapes and the surrounding floor.  Parks was in the store for approximately twelve minutes in total.  

Parks filed a lawsuit against Kroger, and Kroger filed a motion for summary judgment. The Fourteenth Judicial District Court for the Parish of Calcasieu agreed with Kroger that Parks would not be able to show that Kroger had the requisite notice of the hazard.  Parks appealed to the Louisiana Third Circuit Court of Appeal.  

Customers have an expectation of safety while shopping in retail stores. When a customer is injured while on the premise, they are entitled to damages. However, a customer may only recover damages if adequate proof is shown. Proof of an unreasonable risk of harm is a critical element of Louisiana slip and fall cases. The following case out of Slidell, Louisiana, shows why facts are crucial when pursuing a slip and fall lawsuit.

Hope Held was injured while shopping at Home Depot with her child. She alleged her injuries were due to the misplacement of a wire hand truck(truck) in the electronic section of the store. After her fall, she was found by an employee, Jeffrey Crossland, and was escorted out of the aisle to receive help and complete an accident report.

Held filed a lawsuit for her injuries against Home Depot. The store responded by successfully filing a motion for summary judgment in the trial court. Held disagreed and appealed the judgment to the appellate court.

If you have ever watched a legal television show, you have seen the wide variety of evidence presented. Even if your lawsuit is not as high-stakes as the latest murder mystery show, it is still important to present sufficient evidence to satisfy your burden of proof and prevail on your claim. Otherwise, your case could get dismissed on a motion for summary judgment. The following lawsuit involving a slip in fall in a Louisiana convenience store discusses the concept of open and obvious risks.

Moore drove his car to a Murphy Oil gas station in Hammond, Louisiana. After he had purchased some items in the convenience store, he walked towards the door.  While he reached for the door, he turned back and talked to the store manager.  As he left the store, his foot contacted a pallet display stand with water bottles that were located right outside the door.  He tripped and stumbled but did not fall.  Moore reported this to the store manager. Afterward, he received treatment for his back pain. Murphy Oil paid for this treatment for about four months.  

When Murphy Oil stopped paying for his treatment, Moore filed a lawsuit alleging that the display with water bottles was an unreasonably dangerous condition. The defendants, Murphy Oil and Liberty Mutual Fire Insurance, filed a motion for summary judgment. The court denied this motion, and the case went to trial.  Before trial, Moore agreed that his damages were not over $50,000. At the trial, the court ruled in favor of Moore and awarded damages of $37,500. After they lost, Murphy Oil and Liberty Mutual appealed, arguing that the trial court incorrectly denied their summary judgment motion.