While New Orleans product liability lawsuits involving older products can be a little more difficult, there is really no reason not to pursue a claim that a product is defective just because it is old. It is easier, however, to prove that there is a defect in the design of a product when its dangerous characteristic can be shown to have existed at the time it left the control of the manufacturer. When an injured person claims there is a defect in the design of an older product, personal injury attorneys will explore not only the condition of that product when it left the manufacturer, but also any alterations or modifications that may have occurred in the intervening time. Louisiana Revised Statute 9:2800.54(C) allows a claim for a defect in design to be pursued not only based on the condition of the product when made, but also based on any “reasonably anticipated alteration…Read More
It’s really not a secret on how you prove store liability in a New Orleans slip and fall lawsuit. All merchants in New Orleans, such as Walmart, Rouses Market, Winn-Dixie, Fresh Market, Whole Foods and Costco, are required by law to keep the aisles and floors of their businesses in a reasonably safe condition. This includes taking the proper precautions to ensure that slipping or tripping while on the property is unlikely to happen. When a business is sued following a fall, the injured person must prove that the merchant did not comply with this requirement. To establish a business’s liability, Section 9:2800.6 of the Louisiana Revised Statutes requires the injured party to prove the following: (1) The condition that led to the fall presented an unreasonable risk of harm to the injured person; (2) The harm was reasonably foreseeable by the merchant; (3) Prior to the injured party’s harm, the merchant either created or had actual or constructive…Read More
Nursing homes are not allowed to keep you from seeing and visiting with your loved one in residential care. In fact, if you suspect that a nursing home is creating unreasonable obstacles to your visits, it may be a sign of abuse, neglect, or exploitation of your loved one. While the nursing home has the right to create reasonable hours for visitation by family members or guests, after that, only residents themselves have the right to restrict who their visitors are. If you have concerns for the welfare of a loved one in a nursing home in New Orleans, it’s important that you act right away to address your worries. Our seniors are a vulnerable population and extremely prone to various types of abuse and misuse by unscrupulous people charged with taking care of them. You have a right to visit with your loved one and confirm that they are healthy,…Read More
When Nursing Homes Mishandle Or Steal Money Or Valuables When you see indications that a nursing home in New Orleans has been impeding your loved one’s freedom to make personal financial decisions, you really should act immediately. Under Louisiana’s Nursing Home Residents’ Bill of Rights, those under the care of a nursing home facility retain the right to manage their own financial affairs, and a nursing home may only be authorized to make decisions for funds held in trust by the home for the resident. That said, nursing homes and their staff have significant power to exert influence and even coerce residents into decisions that may not be in the resident’s best interest. If a nursing home is taking advantage of your parent’s money, you should talk to a lawyer right away to protect your loved one from an unscrupulous nursing home or its staff members. Protecting our elderly loved ones from…Read More
Driving a motorcycle can be loads of fun, but it can also be extremely dangerous. Anytime you get on the road, you have to be attentive because you never know what can happen. Having auto insurance is sure to help ease any on-road anxiety since you know you’re covered, but knowing what to do after an accident can be another problem. How do you know whom to call, how long you have to file a report, or if your insurance can help you sue if hit by an uninsured driver? These are only a few of the specific questions that can arise when looking to become a motorist, shopping for new auto insurance, or just preparing to be a more educated driver. Learning what to do in the event of an accident can help you determine how to best document what happened so that you get fairly compensated or not taken…Read More
In most cases, a driver making a left turn is considered to have caused a resulting accident. When a motorcycle collides with a car in that situation, the rider is usually able to pursue damage claims for a variety of losses. These can include damages to the motorcycle, hospital and medical bills, lost wages, pain and suffering, and anticipated future medical costs related to the accident. There are exceptions though, which can have a significant impact on your ability to collect. If the police believe that you were operating your motorcycle at a high rate of speed going into the accident, or if there’s evidence that you ran a red light or a stop sign, you really need an attorney to carefully evaluate your case. However, there are circumstances where you can file a lawsuit after your motorcycle accident even if both drivers were ticketed. Many cases that involve an injured party…Read More
Yes, in the tragic situation where a person loses their life in a motorcycle accident in New Orleans, their spouse has standing to file a wrongful death suit to recover damages due to a motorcycle accident from an at-fault party, and more importantly, to hold that party accountable. Some cases are clear cut, such as when the at-fault driver was drunk when the accident occurred. Others may require further investigation and evidence gathering to build a compelling case that another party was engaged in reckless or negligent behavior that caused the fatal crash. Anytime a person dies in a traffic accident, a family is left devastated and wondering how to put the pieces back together. An experienced motorcycle accident attorney is a key player in these circumstances, who can provide objective, clear cut assistance and help you protect your family. Under Louisiana law, families are entitled to recover damages categorized as “economic”…Read More
There’s no set cost when it comes to fighting dog bite and other injury cases in New Orleans, but the way the system works in most instances is that the victim pays nothing at all if your attorney doesn’t win. This is what is known as a “contingency fee basis,” where your legal team assumes the financial risk in your case, and is only paid if they win for you. Approaching dog bite and other injury cases this way means several things for you, primarily that if an attorney agrees to take the case, they believe strongly that they can win. It also means that your attorney will make every effort to ensure that the final payout you receive is as high as possible. Research indicates that in most dog bite cases that are settled without an attorney, insurance companies pay out as little as 10% of the real value of…Read More
In a mesothelioma lawsuit, deciding the best strategy to move forward involves many factors, including where the case should be filed. Determining whether or not Louisiana is the appropriate place for your claim is something you should talk about with an experienced mesothelioma lawyer. In many cases, where you live now isn’t material to the case, but in some instances there are advantages to filing in other jurisdictions where you lived and worked and suffered asbestos exposure. If you’ve been diagnosed with mesothelioma in New Orleans, start your search with The Gertler Law Firm. We were the first law firm to obtain a judgment linking asbestos exposure to mesothelioma in Louisiana. And our team of attorneys has the ability to help you in many venues across the United States to make sure that you are able to hold past employers accountable and get the compensation you deserve. To talk to an experienced mesothelioma…Read More
It’s always a good idea to take every precaution to protect the public after a dog bite in New Orleans. Calling the police also lets you file a police report, so there’s an official record of the incident and the police officer will represent one eye witness to the injuries your child sustained from the dog bite. You should also get appropriate medical treatment for your child right away, and then photograph the injuries as soon as possible. These are all important pieces of evidence should you choose to pursue a claim against the dog’s owner when your child has been bitten by a dog. In order to recoup medical expenses and plan for a future that may require additional therapies, surgeries, or treatments, it may be necessary to consult an experienced New Orleans dog bite attorney. There are more than four million instances of dog bites every year in America, and…Read More
