NBA Law Blog - Neblett Beard & Arsenault » Slip and Fall Accidents

Satisfaction And Changes Made

Michael Koch — Mon, 31 Aug 2009 14:30:50 +0000

Other than receiving a nice thank you note directed to my staff and me after completion of one of my client’s cases, there is nothing more satisfying than taking a case and at the conclusion of that case, seeing the defendant make changes to either his procedures or property that would prevent future accidents. It is at times like this that I feel we are making a difference in society by making our community a safer and better place for all of us.

To me, it all starts with a common sense approach. Typically, I to go to the scene of the accident to get a feel or visual of what the potential client is claiming caused the accident. This could be an intersection in a private parking lot where there are no signs or marking to show who has the right-of-way, it could be parking stops that are not painted, or it could be a failure by an individual or a company to provide adequate warning on products, etc.

I put myself in the shoes of the injured party and go to the scene of the accident and question whether it was reasonable for the person to be injured in the way they claim. I have to firmly believe in a case before I take the case and invest time, energy, and money.

By preventing accidents, individuals avoid needless pain and suffering, medical bills, and a loss of enjoyment of life. It is certainly gratifying to see that as a result of your efforts, changes are being made that will prevent future accidents to someone ranging from small children to elderly patients in a nursing home.

The Truth About Slip and Fall Accidents

Michael Koch — Thu, 26 Mar 2009 14:00:48 +0000

If you slipped and fell in a store because there was a liquid on the floor that you did not see, do you think the store has to pay your medical bills?

Most people think the store would have to pay the medical bills because the victim was not at fault and they were injured at somebody’s store. This is not necessarily true.

The store would only have to pay your medical bills if they had liability insurance which included medical payment coverage (only to a designated amount) or if the store through it’s employees were at fault under Louisiana’s slip and fall statute La. R.S. ****** which sets forth what you have to prove if you were injured in a slip and fall accident at a store.

The statute sets forth the specific black letter of the law requirements, but the “jurisprudence” or case law interprets the statute. That is why if you were seriously injured in a slip and fall accident you should contact a personal injury attorney for some legal advice because you could be stuck with paying for your medical bills even though you were not at fault!

An Ounce of Prevention

Michael Koch — Fri, 20 Feb 2009 14:31:56 +0000

There is an old saying that I believe in and try to live by every day: An ounce of prevention is worth a pound of cure. An example came only this morning when I met my long-time secretary as we were walking into the building at the same time. We both came through the door with our hands full. I was carrying a Mardi Gras King cake, Valentine cookies, and some work that I had taken home. She was carrying her purse and the day’s supplies. As we entered the building, the rug curled up under our feet. She immediately stopped, bent down, and straightened the rug. This simple act could very well have prevented a slip and fall accident. This is a prime example of an ounce of prevention is worth a pound of cure.

I cannot tell you the number of calls I have taken or the cases I have read regarding people who were seriously injured when they tripped on rugs. It is something that we all can do if we just take the time. We will never know if she actually prevented an accident, but we do know it didn’t take much time and it was the right thing to do. A few seconds spent flattening a rug beats hours in the emergency room every time.