The grocery store is responsible for your injuries if the injuries were caused by store staff producing dangerous conditions, or if the store staff knew or should have known of the dangerous condition before the incident and did not take proper steps to remedy the situation. Any lawsuit for this type of accident falls under premises liability. If you or a family member has been injured in a fall at a grocery store in the New Orleans area and have questions. call Gertler Law at (504) 527-8767 for a free consultation. If you or a family member fell in a Walmart, Rouses Market, Winn-Dixie, Fresh Market, Whole Foods or Costco, you’ll need the very best legal help you can get because these stores, and many others, have very large legal departments ready to fight you.Read More
Every time we’re contacted by someone who was injured in a fall at an apartment or condo, we’re asked “the landlord is responsible for injuries on their property, right?” In most New Orleans premises liability lawsuits, who is responsible for the maintenance and upkeep of the property is simple: it is the owner. But that is not the case every single time. Here’s what we mean. If the owner was aware of a dangerous condition on the property and did not fix it, the owner will be liable for any injury caused by that dangerous condition. When it comes to leased property, however, this analysis can become a little more complicated. Generally, under Louisiana law, the Landlord is responsible for injuries on their property – in other words, the owner carries the same responsibility to remedy a dangerous condition on leased property as he or she would have on property not being leased. While this…Read More
Can you pursue a lawsuit after falling on a sidewalk outside a store in the New Orleans area, such as at a Walmart, Rouses Market, Winn-Dixie, Fresh Market, Whole Foods and Costco? In most, but not all instances, yes. Louisiana Law allows a resident to pursue a personal injury lawsuit against a New Orleans store owner for failure to repair a defective walkway or sidewalk. Doing so, however, requires the victim to establish the store’s awareness of the condition that led to the injury. In this type of case, it is not enough to prove that the walkway was in disrepair and that the condition of the walkway resulted in an injury. The victim also must be able to prove that the property owner responsible for the walkway had notice of its dangerous condition prior to the injury occurring. Notice of the defective condition may be established in two different ways: actual notice or constructive notice. Proof of actual notice…Read More
