Customer Sues Wal-Mart After Bench Collapse Results In Injuries

PERSONAL INJURY BATON ROUGE

old bench. autumnWal-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.

Experienced Personal Injury Counsel from J. Price McNamara

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!

Man Sues Gas Station Over Alleged Personal Injury

breakdownA Gretna gas station is being sued by Raymond S. Dave Jr., a Louisiana resident who allegedly suffered a personal injury when his vehicle fell into a drain while moving through the gas station’s car wash. According to Dave, the convenience store is guilty of negligence for failing to maintain their equipment and their premises up to regulatory standards. The plaintiff is seeking compensation for damages, loss of use of vehicle, and loss of wages, as well as for medical expenditures and emotional suffering. The case has been assigned to Division M Judge Henry G. Sullivan Jr., in the 24th Judicial District Court.

According to Dave, his vehicle fell into a water drain while driving it through the gas station’s car wash. When he stepped out of the car and inspected the area, he found that the drain grates had been removed and never replaced. He has accused Brothers’ Convenience Store of maintaining the car wash in a defective state, putting him and other clientele in danger. If the plaintiff’s accusations are accurate, the gas station can be found negligent for failing to eliminate dangerous conditions on their premises and for failure to adhere to a reasonable standard of precaution. If this were the case, Dave would be eligible for compensation for medical expenses, loss of income, and a host of non-economic damages, including pain and suffering as a result of physical and emotional injury.

Dave asserts that the accident caused sufficient personal injury to warrant medical attention, which he is seeking compensation for. According to the plaintiff, the accident resulted in physical and emotional trauma, leading to pain, suffering, and mental anguish. Apart from seeking recompense for injuries sustained, Dave is also suing the gas station for wage losses, vehicle damage, and the cost of towing.

Vehicle accidents can cause serious harm, including spinal cord injuries which can significantly restrict the normal functioning of the affected individual. These kind of accidents can also lead to head and brain injuries, as well as damage to the soft tissues of the body — the muscles, tendons, and ligaments. If you have recently been involved in auto accident, whether it involved another vehicle or if it was on the premises of a business, it is important to immediately seek medical attention; your safety and wellbeing are of paramount importance. If the other party is found to be negligent or to have failed to exercise reasonable precaution, you may be entitled for compensation for your medical expenses and the non-economic costs of traumatic injuries.

Experienced Personal Injury Counsel in Baton Rouge and Metairie, LA

J. Price McNamara, with offices in Baton Rouge and Metairie, is an AV-rated attorney with vast experience in personal injury cases. A former insurance company defense attorney, McNamara holds a comprehensive understanding of the legal system and how insurance providers operate. It is important to seek the counsel of an attorney you can trust and an attorney you know has the expertise to represent your interests in the best possible way. J. Price McNamara has a long-time reputation for excellence; contact us to schedule your complimentary case review today!

Customer Sues Local Bar for Hole in Parking Lot

PREMISES LIABILITY BATON ROUGE, LA

Pot hole in residential road surfaceA Jefferson Parish man, Alberto Caceras, is suing a local bar for getting allegedly injured after stepping into a hole in the bar’s parking lot. He is suing the bar and its landlord for failing to maintain areas passed through by pedestrians, failure to upkeep public premises, failing to warn customers, and failing to observe the hazard.

Caceras claims he was at Bottom Line Bar and Grill in Metairie when he was talking to a friend in the parking lot and stepped backwards into a hole. The plaintiff claims that he received disabling injuries in the fall and is suing for suffering, distress, loss of earnings, and medical expenses.

This case is an example of premises liability and personal injury, for which the Law Offices of J. Price McNamara have years of experience representing.

Premises Liability in Baton Rouge and Metairie, LA

You have a case for premises liability if your fall and subsequent injuries were due to dangerous conditions caused by negligence. Landlords and property owners are expected to adhere to a standard of safety; failure to comply can lead to injuries and lawsuits.

Do You Have Grounds for a Premises Liability Lawsuit?

There are some things to consider when filing a lawsuit for premises liability:

  • You must be an invitee to the premises (i.e. a customer).
  • There are three broad categories of premises liability: slip and fall, trip and fall, and construction accidents. You can consult with one of our attorneys to determine which one yours is.
  • You must get yourself and your injuries examined by a doctor to have a case. Keep records of every test and visit.
  • There is a statute of limitations on filing legal action.
  • Contact an attorney right away. The sooner you have an attorney help you with your case, the better your chances of building a formidable case.

Call Our Experienced Attorneys for Premises Liability in Louisiana

Call the Law Offices of J. Price McNamara for representation and advice in filing your premises liability or personal injury lawsuit. Your first consultation with us is free, and we will be honest and forthcoming with you about whether you have a case based off of the evidence. We have two offices: Baton Rouge (225) 201-8311 and Metairie (504) 458-8455. Give us a call today for free legal advice!

Marriot Sued by Lousiana Woman Injured in Elevator Slip and Fall

PERSONAL INJURY ATTORNEY, PREMISES LIABILITY, LA
Broken elevator with construction barrier

Marriot Customer Sues After Elevator Slip and Fall

On June 30, 2014 a Lousiana woman filed suit against Marriott Hotel Services Inc., Marriott’s Ko Olina Beach Club, Marriott Ownership Resorts and Marriott Vacation Club International in the 24th Judicial District Court. Lauren A. Welch asserts that she broke her foot and a tooth when she slipped and fell on a slick area while entering one of the elevators in Marriot’s Ko Olina Beach Club

The case will be presided over by Judge Henry G. Sullivan Jr. in the 24th Judicial District Courtin Louisiana.  Marriott is being accused of allowing the hazardous condition of the slick elevator floor to exist, failing to properly monitor the condition of the floor in the elevator, creating a hazard for patrons, and failing to properly train and supervise employees.  An unspecified amount in damages is being sought for physical disability, mental pain and suffering, loss of enjoyment of life, and also for medical expenses.

Injured? The Law Offices of J. Price McNamara Can Help!

Hotels have a high duty of care for their guests and customers. This includes maintaining a safe and clean premises in order to prevent unreasonable hazards and dangers to the safety and well being of their guests. If you are injured while staying at a hotel, then having an experienced and knowledgeable personal injury attorney can help you seek the appropriate compensation that you may be entitled to for your injury. Do not let yourself be a victim twice! Contact the Law Offices of J. Price McNamara for your free case review and consultation today!

Louisiana Premises Liability: Slips, Trips, & Falls

PREMISES LIABILITY INJURIES, BATON ROUGE LA
caution signs

In the great state of Louisiana, property owners and managers have a legal obligation to provide a safe, clean, and hazard free premises for others. This means that any negligence by a business or property owner that results in an injury to someone on that property could lead to the injured party seeking compensation for their injuries. The Contact the Law Offices of J. Price McNamara assists those injured in slip and fall, trip and fall, and other types of premises liability injury accidents in seeking appropriate compensation that they may be entitled to for their injuries. There exists grounds for a premises liability lawsuit if someone becomes injured on another person’s property due to some hazard or dangerous condition caused by negligence. Slippery substances on the floor, harmful objects, or delapidated facilities can all cause serious and debilitating injuries that could cause long-term disabilities. Read on to learn more about premises liability injuries and claims in the Baton Rouge, LA area. J. Price McNamara has some sound advice about what to do if you are injured on the premises of a business or private property owner.

Louisiana Premises Liability

As long as you are not trespassing on another’s private property then it is reasonable to expect at least a customary level of consideration for your safety. Adequate warning for existing hazards, walking areas that are well lit and free from debris or dangerous substances, and safe, functional facilites are all required to be in good overall upkeep and repair. In an example where a person slips on a puddle of water from a leaky refrigerator and is seriously injured in a local grocery store, that type of slip and fall accidental injury would fall under the premises liability laws of Louisiana. Some of the common hazards that can contribute to slip and fall or trip and fall injury accidents include:

  • Wet or soiled floors without proper warning signs or barriers present
  • Slippery conditions caused by excess floor wax or polish
  • Dangerous carpeted areas including loose, unsecured, or torn areas
  • Not using standard non-slip products
  • Damaged or delapidated stairs, railings, and lighting

Hazards are not just limited to what’s on the ground. Hazards can exist on escalators an in elevators in addition to staircases. Mechanical failures can cause sudden stops and jerky starts that can cause riders to lose their balance and injure themselves during a fall. In a situation like this, the experience and knowledge of a practiced personal injury attorney like J. Price McNamara can make a huge difference in delivering a favorable outcome of your premises liability claim. Our expert personal injury attorneys can help you navigate the murky legal waters of your premises liability claim and can provide you with excellent representation so that you can focus on recovering from your injury, not your claim.

Contact J. Price McNamara in Baton Rouge

If you were injured in a slip and fall, or trip and fall accident then you may be entitled to seek compensation from the party responsible for your injury. The Law Offices of J. Price McNamara can help you to understand the full scope of your legal rights and options and can assist you in filing a personal injury lawsuit, if necessary, to recover compensation for your losses. Contact us for a complimentary case review and consultation in at our offices in Baton Rouge, LA today! We’ll take care of the entire process of your premises liability case so that you can focus on a speedy recovery.

Jefferson Parish Woman Sues Boomtown Casino in Louisiana’s 24th Judicial District Court Over Slip and Fall

PREMISES LIABILITY

A Harvey casino is being sued by a Jefferson Parish woman who allegedly sustained a back injury when she visited the property. On February 23rd, Janice Westerfield filed a lawsuit in Louisiana’s 24th Judicial District Court against Boomtown Casino over injuries she claims resulted from a fall in a casino restaurant. Westerfield reportedly hurt her back when she slipped and fell immediately after she got up to leave her table.

According to her lawsuit, a caution sign was placed near Westerfield’s dining table before she was seated but was removed by a waiter when she sat down at the table. After that, Westerfield claims she slipped and fell on an unidentified substance on the floor. In her suit, she has accused the waiter of discretely attempting to return the caution sign to its original position after she fell.

Westerfield has accused Boomtown Casino of failure to warn, failure to exercise due care, and failure to provide a property free of hazards. She has asked the court to award her monetary damages for medical costs, mental distress, suffering, pain, and lasting physical impairment.

In Louisiana, property owners must maintain a certain level of safety on their premises. Failure to maintain a property free of hazards will likely result in a premises liability lawsuit. To file a premises liability lawsuit, an injured claimant must be an invitee on the property where the injury occurred, such a business patron. If a trespasser is hurt on a property in Louisiana, he or she cannot recover financial damages.

Premises liability accidents generally include a slip and fall, trip and fall, or construction accident. In order to recover damages, any injuries must be well documented and treated by a physician. Someone hurt while an invitee on another’s property may be able to recover medical costs, lost income, and compensation for a variety of other damages. If you experienced an injury due to a hazardous condition on a business or individual’s property, a qualified personal injury lawyer can explain the types of damage awards you may be eligible to receive.

J. Price McNamara is an experiencedContact the Law Offices of J. Price McNamaray. If you were hurt after a slip or trip and fall on someone else’s property, he can guide you through the legal process and help you file your claim. J. Price McNamara handles personal injury cases across the State of Louisiana including New Orleans, Baton Rouge, Kenner, Metairie, Lafayette, Mandeville, Lafourche, Terrebonne, Jefferson, Orleans, Ascension, and St. John Parishes. To schedule a free initial consultation, call him today at (866) 248-0580 or contact him through his website.

Winn-Dixie Sued in New Orleans Over Grocery Shopper’s Slip on Grapes

PREMISES LIABILITY

A shopper’s slip and fall lawsuit against a grocery store was removed to New Orleans federal court earlier this month. On August 11, 2010, Mary brown filed suit against the parent company of Winn-Dixie Stores in Orleans Parish Civil District Court after she allegedly slipped on grapes while shopping in a local store. On January 11th, 2012 Winn-Dixie successfully removed the case to federal court.

According to Brown, several grapes were left on the floor of a Winn-Dixie grocery store which caused her to slip, fall, and become injured while shopping. She purportedly sustained damage to her shoulder, back, hips, and legs during the accident. Brown has accused the grocery store of negligence for maintaining the premises in a careless and reckless manner, creating and failing to correct an unreasonably dangerous condition, failing to clean the store, failing to act prudently and reasonably, and failing to warn shoppers of a hazardous condition. She is seeking compensation from the grocery chain for suffering and pain, medical expenses, emotional distress, loss of enjoyment of life, court costs, attorney’s fees, and other damages.

In Louisiana, property owners are required to maintain a certain standard of safety on their premises and a failure to maintain a safe environment may result in a lawsuit. A claimant injured on a business or individual’s property must be an invitee, such a shopper in a business, in order to file a premises liability lawsuit. Louisiana law does not allow a party injured while trespassing to seek financial recovery from a property owner.

There are three common categories of premises liability accidents. They are: construction accidents, slip and fall accidents, and trip and fall accidents. For each category of accident, it is important that any injuries are well documented and treated by a physician. An individual injured while invited onto someone else’s property may be able to recover compensation for medical expenses, lost income, and other damages such as pain and suffering. If you were injured due to the negligence of a property owner, a skilled premises liability attorney can explain the types of damage awards you may be eligible to receive due to your injuries.

It is recommended that anyone who finds themselves injured due to a property owner’s negligence contact a lawyer as soon as possible. J. Price McNamara, an experienced Contact the Law Offices of J. Price McNamara, can explain the types of damage awards you may be eligible to receive if you were injured as a result of another person’s negligence. J. Price McNamara will guide you through the legal process and explain each step along the way. He handles personal injury cases throughout Louisiana including New Orleans, Metairie, Baton Rouge, Mandeville, and Lafayette.

If you would like assistance with filing your personal injury claim, call J. Price McNamara today at (866) 248-0580. You may also contact him through his website.

New Orleans Woman Sues Bank After Hand Trapped in Drive Through Teller Machine

PREMISES LIABILITY

Earlier this month, a New Orleans woman filed a lawsuit against JP Morgan Chase Bank, N.A. and its insurance company in Orleans Parish Civil District Court for injuries she allegedly sustained while using a drive-through teller. Megan Henry alleges she was using a drive-through banking device at local Chase Bank branch when a door on the pneumatic tube system which transfers items into the building closed on her left hand.

In her lawsuit, Henry claims she suffered injuries to her hand, wrist and arm. She alleges the bank failed to properly inspect the drive through teller machines, failed to take proper care when operating the machines, and was negligent for owning defective machines. Although it is unclear whether she sought immediate medical assistance as a result of the incident, Henry is seeking compensation for medical expenses, pain and suffering, emotional distress, and other damages.

In Louisiana, property owners are expected to maintain a certain standard of safety on their premises. Individuals invited onto a business owner’s property should expect to safely conduct any business transactions they choose to engage in. When a business fails to maintain safe equipment and conditions, a lawsuit may result. Premises liability claims commonly result after injury arises from a slip or trip and fall, inadequate maintenance, construction accidents, defective conditions, and inadequate security.

Generally, the victim of an injury may recover for past and future medical expenses, loss of enjoyment of life, lost wages, loss of earning capacity, and compensation for other damages such as past and future pain and suffering. Because each damages award is fact specific and depends on the extent of an individual’s injury, it is important for a hurt person to seek immediate medical care for any injuries stemming from unsafe conditions on a business owner’s property. If you were injured due to an unsafe condition while invited onto a business owner’s property, a skilled Louisiana premises liability attorney can help. If you have questions about an injury you sustained due to another person’s negligence, J. Price McNamara, an experienced Contact the Law Offices of J. Price McNamara, can explain the types of damage awards you may be eligible to receive. J. Price McNamara will guide you through the legal process and is willing to negotiate with insurance companies on your behalf. He handles personal injury cases throughout Louisiana including Baton Rouge, New Orleans, Metairie, Mandeville, and Lafayette.

If you would like assistance with a personal injury claim, call J. Price McNamara today at (866) 248-0580. You may also contact him through his website.

Prairieville, Acension Parish Wal-Marts Sued for Premises Liability Negligence

PREMISES LIABILITY

Last week, two new personal injury lawsuits were filed in Louisiana’s 23rd Judicial District Court against national retailer Wal-Mart. On December 8th, Susan Imbraguglio of Acension Parish filed a negligence claim against the corporation and the store’s general manager seeking damages for medical bills, pain and suffering, disability, lost wages and loss of enjoyment of life associated with an alleged slip and fall. According to Imbraguglio, she slipped on apple slices while exiting a restroom and fell to one knee after a series of attempts to catch her balance. Her knee later required surgery.

The next day, Janis Immasche filed a case against a Prairieville Wal-Mart after she was allegedly struck in the back by a pallet jack which knocked her to the ground. Immasche alleges Wal-Mart committed negligence by failing to warn her, failing to maintain safe premises, and providing poor employee supervision. She also claims the store refused to summon medical assistance after she was struck by the pallet jack. Immasche is seeking damages for medical costs, pain and suffering, and permanent disability related to the neck and back trauma she purportedly suffered during the accident.

All property owners in Louisiana are required to maintain a certain standard of safety on their premises. Failure by an individual or business to maintain safe conditions may result in a lawsuit. In order to file a premises liability lawsuit, a claimant must be an invitee on the property such a shopper in a business. In Louisiana, if a party was injured while trespassing he or she is not entitled to financial recovery.

Premises liability accidents generally fall into three categories. The categories are slip and fall, trip and fall, and construction accidents. Regardless of the category, any injuries must be documented and treated by a doctor. An injured person may be able to recover the costs of medical care, lost income, and compensation for other damages such as pain and suffering. An experienced premises liability attorney will explain the types of damage awards you may be eligible to receive due to your injuries.

If you were injured due to a property owner’s negligence, it is recommended you contact a lawyer as soon as possible. Contact J. Price McNamara, a committed and knowledgeable premises liability attorney, to guide you through the legal process. He handles personal injury cases across Louisiana including New Orleans, Kenner, Lafayette, Mandeville, Lafourche, Terrebonne, Jefferson, Orleans, Baton Rouge, Ascension, and St. John Parishes. Call him today at (866) 248-0580 or contact him through his website to schedule a free initial consultation.