Wal-Mart Louisiana LLC is being sued by Chad Cowart, a resident of New Orleans, LA, who suffered from a personal injury when a bench he was sitting on, on Wal-Mart property, collapsed. Cowart claims that Wal-Mart had failed to exercise proper precaution by maintaining the property to standards. Wal-Mart has also been accused of failing to warn the public about the issue. The plaintiff is seeking compensation for pain, suffering, and mental anguish, as well as for medical expenses and permanent disabilities. The case has been assigned to Division N Judge Ethel S. Julien.
According to Cowart, the bench he was sitting on outside of Wal-Mart Supercenter Store No. 116 collapsed without warning while he was sitting on it. This collapse caused Cowart to fall and hit the pavement, resulting in severe personal injuries that have required ongoing medical treatment. Cowart has accused Wal-Mart for not only failing to maintain their property, but also for failing to inform their customers of a potential safety hazard. Should the plaintiff’s claims be accurate, Wal-Mart can be found negligent for failing to eliminate dangerous conditions on their premises, as well as for failing to adhere to a reasonable level of precaution. Should this be the case, Cowart may be compensated for any medical expenses, loss of income, and any pain and suffering as a result of physical and emotional injury.
When you set foot upon a store’s property, you are considered an invitee: someone invited onto a property to conduct a business transaction. In this case, the premises liability owed to you is quite high. Your status on a property is very important when it comes to a liability case, as without an invitation, you are considered a trespasser, making the business unaccountable for your safety. An open sign constitutes an invitation and therefore the business is accountable for ensuring that it is safe to enter their premises. Some precautions businesses are required to take are basic upkeep and repair, warnings for potential hazards, and the floors should be clean of debris.
A fall can result in serious injuries, such as brain and head injuries or shoulder injuries. If you have recently suffered from an accident on a business’s premises, it is important that you seek medical attention. Should the other party be found to be negligent or to have failed to exercise reasonable precaution, you may be entitled to compensation for your medical expenses and the non-economic costs of traumatic injuries.
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With offices in both Baton Rouge and Metairie, AV-rated attorney J. Price McNamara has extensive experience in personal injury cases. As a former insurance company defense attorney, McNamara has developed a comprehensive understanding of the legal system and how insurance providers operate. When seeking the counsel of an attorney to represent your interests, it is important that you choose one that has the experience to achieve your desired results. J. Price McNamara has a reputation of excellence and we encourage you to contact us to schedule a complimentary case review today!
Following graduation from Loyola Law School in New Orleans in 1990, Price McNamara served as a Federal Judicial Law Clerk to the Honorable John M Shaw, Chief Judge, United States District Court Western District of Louisiana.
Mr. McNamara founded J. Price McNamara ERISA Insurance Claim Attorney, and began putting his past experience to work for the injured and disabled clients he now represents against the insurance companies in personal injury and long term disability and other insurance disputes in both federal and state courts