Product Liability

Slipping and falling is more dangerous than you might think. Such an accident can lead to more than just an embarrassing moment and a sore body. Falls are actually the leading cause of accidental death for seniors, and they account for more than eight million hospital emergency room visits each year. Likewise, slipping and falling can be caused by inattention on the part of the injured person or caused by the negligence of the person who created the circumstances leading to the accident in the first place.

People who have been severely injured by a slip and fall accident wonder whether or not they can sue the person or company responsible for their misfortune. In a personal injury case, people need to be able to prove the person who owned or maintained the premises in which they were harmed failed in their duty to keep people safe.

However, there is no exact way to determine when someone else is legally responsible for your injuries. Each case depends on whether the property owner acted carefully or negligently and whether or not you were careless in not seeing or avoiding the condition that caused your fall.

In general, the slip and fall is someone else’s fault if the owner of a property fostered a “dangerous condition” and knew it was a dangerous condition. A dangerous condition must present an unreasonable risk to a person on the property, and it must have been a condition the injured party should not have anticipated under the circumstances. You must also be able to establish the following:

  • The owner/possessor created the situation
  • The owner/possessor knew the condition existed and negligently failed to correct it
  • The condition existed for such a length of time that the owner/possessor should have discovered and fixed it prior to the incident

If you think you were harmed by the negligence of another person, talk to one of our New Orleans premises liability attorneys about your case. Contact us at (504) 500-1111 or fill out our online form to schedule a free consultation today!

As a potential plaintiff in a slip and fall case, there are likely thousands of questions that you have. Below we have answered a few of the most common that people have.

What must I prove as the Plaintiff?

As a plaintiff, you bear the burden of proof by a preponderance of evidence. This is a legal term that simply means “more likely than not.” Typically, the most common theory of liability in a slip and fall claim is that the owner of the property knew or should have known of a dangerous condition that led to your injury. In other words, you as the plaintiff must prove that more likely than not, the owner knew of a dangerous condition, should have known of the dangerous condition, or caused the dangerous condition that lead to the slip and fall.

Who do I sue in a slip and fall?

This is entirely based on where the incident took place. If the fall occurred in someone’s home, then you would sue the homeowner. If you fell in a business, then the business owner would be who the suit was filed against. And if the incident occurred on a sidewalk or some sort of government-owned or operated location, then your local municipality would potentially be liable.

What do I do if I don’t want to sue someone personally?

This happens frequently. People do not want to sue someone personally when a slip and fall occurs at a home. However, it is pertinent to remember that you are not suing the individual but their homeowner’s insurance, which typically has personal liability coverage that would cover damages in these types of claims. Your friend’s insurance will cover any lost wages, medical expenses, or pain and suffering without having a direct impact on your friend and hopefully your relationship.

I’m worried about attorney fees. What sort of fee will I be expected to make?

Typically, as a plaintiff, you will not have to pay anything upfront. The only time that you will have to pay is if you win. If you are victorious in your suit, then your attorney will take a percentage of your settlement.

What are the benefits of speaking with an attorney?

Speaking with an attorney is the most important preliminary step to determine the validity and weaknesses of your case. An experienced attorney will be able to assist you in filing your claim as well as creating a game plan for you to ensure you receive the maximum benefit.

If you think you were harmed by the negligence of another person, talk to one of our New Orleans personal injury attorneys about your case.

Contact us at (504) 500-1111 or fill out our online form to schedule a free consultation today!

It’s not unreasonable to expect that the products you buy for your family should be completely safe. Unfortunately, that’s not always the case, especially with toys for small children. Despite safety protocols and recall notices, hundreds of thousands of kids are still hurt by various toys every year. Whether the defective toy was an action figure, a hoverboard, stroller attachment, or something else entirely, you need to speak with an attorney if your child sustained an injury.

Potential Dangerous Toy Hazards

Although organizations like the Consumer Product Safety Commission monitor for potential dangers, toys still make it onto shelves that can hurt your loved ones. They may include hazardous materials like lead paint or sewing needles, or feature improperly manufactured parts leading to product instability.

In some cases, there may also be a lack of proper warnings on the packaging or in the instructions about the potential dangers of the toy, especially for younger children. Depending on the specific problem, any toy could involve dangers such as:

  • Choking – Small detachable parts may be swallowed and caught in the airway.
  • Flammable or acidic – Batteries can leak or explode, while toys with electronics or motors can catch fire.
  • Projectiles – When fired, these objects can injure eyes or become lodged in the ears or throat.
  • Strangulation – Long strings, cords, or rope can wrap around a child’s throat.
  • Toxic – Certain chemicals and parts can be extremely dangerous if ingested.

The repercussions of any of these defective toy injuries can range from cuts and bruises to blindness, disfiguration, hearing loss, permanent disability, and even wrongful death. Your family may end up dealing with devastating medical bills while you have a loss of income, needing to take time off work to care for your child. That’s where an attorney comes into the situation to help you recover compensation from the at-fault party.

Why You Need an Attorney If Your Child Was Hurt by a Toy

Before the first meeting with a legal professional, it’s important for parents of injured children to understand when you can bring a lawsuit against a manufacturer. A child being harmed during the normal course of play doesn’t necessarily mean you have a case. For any chance at recovering damages, you need to work with an attorney to gather and produce evidence that:

  • A dangerous and unexpected defect caused the injury
  • The product was being used as intended
  • The toy was in its original condition and not modified in some way by a parent or child

Depending on how the injury occurred, you may end up suing for liability over a defect that didn’t occur on purpose, or for direct negligence if you can provide evidence the manufacturer was aware of a problem but ignored the potential for harm. In other cases, the lawsuit may involve a breach of warranty instead. No matter what type of injury occurred or how the toy was defective, it is critical to talk to a lawyer early, as there is a statute of limitations on bringing lawsuits for child injuries.

The earlier you contact an attorney, the more time they have to thoroughly investigate the product chain. Whichever specific part caused your child’s injury may have a different manufacturer than the rest of the toy. The negligent party in the product chain could involve multiple manufacturers in different countries, quality control staff, engineers or other experts who advised the manufacturers, or even the retailer that sold the toy.

Discussing your child’s injury with an experienced product liability attorney is crucial to finding all possible sources of compensation and understanding which legal route to take for the best shot at a positive outcome.

Protect Your Family’s Legal Rights After a Dangerous Toy Injury

If your child was hurt playing with a toy that should have been safe, get in touch with the Scott Vicknair law firm as soon as possible. Our trial-savvy team of experienced product liability attorneys wants to learn about your case and help you decide how to move forward.

Scott Vicknair, LLC

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