premises liability

September 29, 2024

When a Night Out Turns Tragic: Fight for Justice After a Parking Lot Shooting

pexels-brett-sayles-1756957-1024x683 A celebratory night out turned into a nightmare for Reuben Ellis when he was shot in a parking lot after attending a friend’s wedding reception at Bella Noche nightclub. Ellis’s quest for justice led him to sue not only the nightclub but also the property owner, Plaza Holdings, LLC. This legal battle highlights the complexities of premises liability and the extent to which property owners are responsible for the safety of their tenants’ patrons.

The Incident & Ensuing Legal Battle:

In the early hours of July 27, 2015, gunfire erupted in the parking lot outside Bella Noche, leaving Ellis with a gunshot wound to the neck. He sued several parties, including Plaza Holdings, the owner of the shopping center where the nightclub was located.

September 11, 2024

Louisiana Court Reverses Slip-and-Fall Judgment Against Hospital, Highlighting “Reasonable Care” Standard

by Berniard Law Firm

pexels-pixabay-263194-1024x683 In a recent decision, the Louisiana Court of Appeal reversed a trial court judgment that had held Woman’s Hospital liable for a slip-and-fall accident. The case underscores the importance of understanding the “reasonable care” standard that applies to hospitals in such situations and how it can impact the outcome of personal injury claims.

Courtney Queen slipped and fell on a wet floor near the elevators at Woman’s Hospital. She sued the hospital, alleging negligence. The trial court initially favored Ms. Queen, awarding her damages for her injuries. However, the Court of Appeal overturned this decision.

The Legal Standard:

September 9, 2024

Ochsner’s Summary Judgment in Slip and Fall Case Overturned

by Berniard Law Firm

pexels-tomfisk-1692693-1024x682 In a recent decision, the Louisiana Fifth Circuit Court of Appeal reversed a summary judgment granted to the Ochsner Clinic Foundation in a slip-and-fall case, emphasizing the importance of thoroughly examining factual disputes before granting such a motion.

Doris Stogner slipped and fell in the atrium of an Ochsner facility in 2011, allegedly sustaining injuries. She filed a lawsuit against Ochsner, claiming negligence in maintaining the premises and allowing a slippery substance to exist. Ochsner countered with a motion for summary judgment, asserting they had proper inspection procedures in place and were not liable for the actions of independent contractors.

Key Points of the Case:

September 7, 2024

“Wet Floor” Signs Prevail: Louisiana Court Reverses Slip and Fall Judgment, Highlighting the Importance of Adequate Warnings

by Berniard Law Firm

vidar-nordli-mathisen-ZZvsfoidr5g-unsplash-1024x729 In a recent Louisiana Court of Appeal case, Schroeder v. Hanover Insurance Company, et al., the court delved into the complexities of slip-and-fall cases and the crucial role of adequate warnings in determining a business’s liability. This decision highlights the importance of understanding merchant liability laws in Louisiana and how the presence of warning signs can significantly impact a personal injury claim.

Sybil Schroeder slipped and fell in the restroom of a travel plaza, sustaining injuries. She sued the travel plaza and its insurer, claiming they were negligent in maintaining a safe environment. However, she admitted in her deposition that she had noticed two “wet floor” signs before entering the restroom.

The defendants filed a motion for summary judgment, arguing that the presence of these signs demonstrated they had exercised reasonable care. The trial court initially denied the motion, but the Court of Appeal reversed this decision.