Slip and Fall Attorney
New Orleans

"Constructive notice" means the claimant has proven that the condition existed for such a period of time that it would have been discovered if the merchant had exercised reasonable care. The presence of an employee of the merchant in the vicinity in which the condition exists does not, alone, constitute constructive notice, unless it is shown that the employee knew, or in the exercise of reasonable care should have known, of the condition.

Injuries that can result from a slip and fall accident include broken bones, bruises and lacerations, severe knee injuries, spinal and head injuries, as well as many other kinds of injuries, depending on the nature and circumstances of the fall. If you’ve suffered any type of harm in a fall caused by someone else’s negligence, it’s important to get legal representation to file a personal injury lawsuit. Our legal team can help you collect evidence, navigate settlement negotiations, and access your fair share of compensation.

As shown, premises liability cases are tricky and can result in difficult legal procedures. To protect against more difficult issues in the future, victims should consider the following checklist:

1. Take pictures of the walkway where the trip occurred.
2. Document the scene of the accident, including the type of shoes that were worn at the time of the slip, and if there were any witnesses.
3. If there were witnesses, take down any contact information, i.e. name, phone number, address, and statements.
4. The victim should also document the weather and light conditions, and any other variances that contributed to the accident.

If you’ve been injured in a slip and fall, you can count on our attorneys to conduct a thorough investigation, gather necessary evidence, and represent your best interests in negotiations or a court of law. We’re proud to represent clients throughout Louisiana, and we can help you reach a full and fair settlement.

Many trip and fall accidents also occur on public sidewalks, and this is important to note, as a different legal standard will apply in these cases. Falls consistently occur here because of broken and torn-up cement, gaps in the walkway, or deviations that cause tripping hazards. Under Louisiana Revised Statutes 9:2800, the victim needs to prove the following elements:

1. The city had custody or ownership of the defective thing.
2. The defective thing created an unreasonable risk of harm.
3. The city had actual or constructive notice of the defective thing.
4. The city failed to act to correct the defective thing in a reasonable time; and
5. The defective thing caused the damages.

Failure to meet any one of the elements will defeat a claim against the public entity. A skilled attorney is needed in this setting to prove all the elements and traverse the complicated legal field.

Also, in most trip and fall cases, the victim will be assessed a portion of the fault. Louisiana law imposes a duty to pedestrians, and the breach of this duty will cause the victim to be awarded less. Case law consistently refers to the duty as follows: “A pedestrian has a duty to see that which should have been seen. He is not required to look for hidden dangers, but he is bound to observe his course in order to see if his pathway is clear. A pedestrian is held to have seen those obstructions in his pathway that would be discovered by a reasonably prudent person exercising ordinary care under the circumstances. However, pedestrians cannot be expected to constantly look down while walking on a busy street. A pedestrian is not required to constantly observe the surface of the walkway or to “exercise the care that would be necessary in traversing a jungle.” An experienced attorney is needed here to represent you in order to lower the appointed fault and to receive the highest award possible.

Deciding on the best law firm for your case can make a big difference. Cliff Cardone has over 50 years of experience handling all different types of personal injury cases. Since 1997, Cliff has sat as a Judge, Ad Hoc, in Juvenile Court, Traffic Court, as well as Municipal Court in New Orleans. As such, he has a broad range of experience and is fully capable of handling a variety of legal cases.

Mr. Cardone understands that when a person is looking for an attorney, they are looking for someone to guide them through the legal process and, at the same time, avoid the pitfalls that surely come about. That is why he has dedicated his career to fighting for injured people and their struggles, securing the best possible financial recovery. Personal injury cases can leave a victim physically, emotionally, and financially destroyed. Phone Cardone at 866-519-2505 as quickly as possible, or you can fill out our online contact form to receive quick feedback from Mr. Cardone or from one of his professional legal assistants concerning your case.

Most personal injury lawyers work on a contingency fee basis, letting clients pay for their attorney’s fees as a part of their eventual settlement. What this means is that we don’t get paid unless you win. You can count on our attorneys to help you take full advantage of your rights to compensation.

The Cardone Law Firm provides legal services for all of Louisiana, including Ascension Parish, Donaldsonville, Assumption Parish, Napoleonville, Baton Rouge, Jefferson Parish, Estelle, Gretna, Harvey, Kenner, Marrero, Metairie, New Orleans, Terrytown, Westwego, Lafayette Parish, Lafourche Parish, Thibodaux, Livingston Parish, Orleans Parish, Plaquemines Parish, Belle Chasse, and St. Charles Parish. In addition to slip and falls, our practice areas include car accidents, work injuries, product liability, offshore accidents, and more.