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When you visit a store or business, you have an expectation for your safety. No one anticipates sacrificing their safety upon entering an establishment. Unfortunately, that’s exactly what sometimes happens. Perhaps you slipped on a wet floor, or maybe an uneven surface caused you to lose your balance. No matter how you slipped and fell, the owner of the establishment has a responsibility to keep its invitees safe from harm.
Fortunately, the slip and fall injury lawyers from Mike Brandner Law have years of experience in slip and fall cases. Members of our 24/7 legal team are always available to hear about your situation. So, reach out to learn more about your possible slip and fall accident case.
Slip and fall lawsuits are part of a branch of law called premises liability, and such lawsuits are battles between the invitee (the plaintiff) and the owner of the premises (the defendant). When an invitee (someone legally allowed on the establishment owner’s premises that usually, though not always, conducts business transactions) sets foot on a business owner’s property and slips and falls, a slip and fall accident has occurred.
The victim will then try to prove that the property owner/manager is directly responsible for their injuries. Conversely, the property owner/manager will try to show that they are not responsible for the plaintiff’s injuries.
Slip and fall accidents could be caused by many things, including the following:
If you suffer from a slip and fall accident caused by any of these conditions, you should contact Mike Brandner Law for a free consultation. We are always available to help with your slip and fall case. Slip and fall law can be exceedingly complex and you will want experience on your side to ensure success.
To win a slip and fall case, the plaintiff must fulfill their burden of proof and show that their injuries were caused by negligence on the part of the defendant. To do this, the plaintiff must meet some criteria:
In other words, the plaintiff must prove that:
Liability isn’t always black and white. For example, the presence of an employee or manager in a store does not mean they should have known about a dangerous condition that appeared suddenly. Similarly, slipping and falling on a slippery surface does not alone mean the establishment owner is responsible for your injuries.
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Complexities one needs to keep in mind when pursuing a slip and fall case in Louisiana include the statute of limitations and comparative negligence laws. Mike Brandner Law can help explain how Louisiana’s unique personal injury laws and tort statutes may affect the outcome of your claim.
As is common with many types of cases and in many states, Louisiana has a statute of limitations when it comes to slip and fall cases (and personal injury claims, in general). According to Louisiana Civil Code (CC) Article 3492 you have one year from the date of your injury to pursue a claim related to injuries caused by intentional acts or negligence. There are exceptions in rare circumstances, but in most cases, you’ll have one year.
Louisiana has comparative negligence laws that could affect the outcome of any slip and fall case. Comparative negligence means that when calculating compensation for the plaintiff, the negligence/wrongdoing of the defendant is considered as well as the negligence/wrongdoing of the plaintiff.
This means that if you as the plaintiff had any responsibility for your injuries, your compensation could be reduced. For example, if the defendant is only 90% responsible for your injuries, your compensation could be reduced by 10%. So, as another example, if your medical bills and other awards come out to $10,000 but you were 20% responsible, the defendant will only pay you $8,000 in compensation.
Determining exactly who is responsible can be a tricky business. First, ask yourself if you were careless. Do any of the following scenarios apply to you?
If any of the following apply to you, your slip and fall case may be more difficult to put together. Mike Brandner Law may still be able to help you collect some compensation for your injury expenses and suffering. Contact us for a free consultation following any slip and fall accidents.
If you suffer from any slip and fall accidents, contact the professionals at Mike Brandner Law. Our lawyers work tirelessly for the compensation that you deserve. We know the law and will help you every step of the way. Give us a call anytime at (504) 345-1111 for a free, no-obligation consultation.
Were you injured in a fall on someone else’s property in New Orleans? You might be entitled to compensation .Call 504-345-1111 to schedule a free case evaluation.
Were you injured in a fall on someone else’s property in New Orleans? You might be entitled to compensation. Call to schedule a free case evaluation.
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