slip and fall

Stairway to Dismissal: Missed Deadline Leads to Summary Judgment in Injury Case

Published on: December 11, 2024 | By Berniard Law Firm

stairs_away_gradually_rise-scaled This case focuses on the procedural aspects of a personal injury lawsuit, highlighting the importance of deadlines and the consequences of missing them.

Case Background

Charles and Jeri Kouba sued the City of Natchitoches after Mr. Kouba fell on a staircase owned by the city. They alleged a defect in the staircase caused his injuries. The City filed a motion for summary judgment, which the Koubas opposed. However, they missed the deadline to file their opposition and requested a continuance (postponement) of the hearing. The trial court denied their request and granted summary judgment in favor of the City.

Slipping in Stores: When Does the Store’s Responsibility Kick In?

Published on: September 5, 2024 | By Berniard Law Firm

pexels-victoria-strelka_ph-128225472-10612266-scaled We’ve all heard the phrase “slip and fall,” often in a comedic context. However, slip-and-fall accidents can result in severe injuries and legal battles. The recent Louisiana Court of Appeal case of Barton v. Walmart highlights the complexities of such cases and what it takes to prove a merchant’s liability.

In 2016, Douglas Barton was shopping at a Walmart store in Alexandria, Louisiana, during a rainy day. As he entered the store, he slipped on a wet spot on the floor, fell, and sustained injuries. He sued Walmart, claiming they were negligent in maintaining a safe environment for their customers.

Walmart denied liability, arguing that they had no knowledge of the wet spot and that it likely occurred moments before Barton entered the store due to the wind blowing rain inside. They presented evidence of an inspection conducted earlier that morning, which had not noted any hazards.

When a Slip and Fall Isn’t Just an Accident: Understanding Merchant Liability

Published on: August 21, 2024 | By Berniard Law Firm

pexels-skitterphoto-4341-scaled We’ve all heard the phrase “slip and fall,” often in a comedic context. However, slip-and-fall accidents can result in severe injuries and legal battles. The recent case of Foto v. Rouse’s Enterprises, LLC, highlights the complexities of such cases and what it takes to prove a merchant’s liability.

In 2013, Daisy Foto was shopping at a Rouse’s store in Louisiana. She slipped on a clear liquid on the floor, fell, and sustained injuries. Foto sued Rouse’s, claiming they were responsible for her injuries because they either created the hazardous condition, knew about it, or should have known about it.

Rouse’s argued they had no liability because Foto couldn’t prove they created the spill, knew about it beforehand, or that it had been there long enough for them to reasonably discover and clean it up. They presented evidence of a store inspection conducted earlier that morning, showing no hazards were noted.