Premises Liability in Louisiana
Were you injured while you were located on someone’s property? Was your injury due to some issue or defect on the property, like a hole in the porch, a break in the concrete walkway, a ceiling collapse, or some other condition on the property? If so, you may have a lawsuit based on Louisiana’s premises liability law.
To learn more, you can reach out to the Lousiana personal injury attorney at the Law Offices of Philip B. Adams.
In the state of Louisiana, the building owner is answerable for the damage caused by a defective condition on his or her property if the condition is caused by neglect or if the condition is the result of a defect in the property’s original construction. However, the defective conditions’ mere existence on a property is insufficient for recovery. Pursuant to the law, a defendant owner is only answerable for the damages if it can be proved that:
So, ask yourself:
Suppose your answer to these questions is yes. In that case, you should consult a personal injury attorney as soon as possible to determine whether you have a cause of action based on premises liability. Notably, you may not know whether the owner knew or should have known about the hazard or whether the owner failed to correct it, but those are questions that a good lawyer can help you answer. You do not have to figure it all out alone. Help is within reach and can be just a phone call away.
Call Law Offices of Philip B. Adams
Yes, accidents happen, but some accidents are preventable. You should not have to bear the burden or the expense of an accident caused by a hazard on someone’s property without recourse. Let the Law Offices of Philip B. Adams fight for you and get you what you deserve. Mr. Adams is an experienced personal injury lawyer in Louisiana dedicated to fighting for his clients and seeking adequate compensation for them. Whether you were injured on someone’s property or in some other type of accident, he can handle it!
If you, a friend, or a family member want to know if you have a viable premises liability case, please do not hesitate to contact the Law Offices of Philip B. Adams today! He is an experienced Louisiana accident attorney and represents clients throughout the state. He will work to leave no stone unturned. If you want to learn more about his firm, you can visit his website or call 318-230-7199 to set up a consultation.
Any arrest can be traumatic, even shocking. It is a scary situation to be in when law enforcement is questioning you and, further, when they are putting you in handcuffs. It is only natural to be thinking of ways to get out of a sticky situation like an arrest, and as a result, you may decide to do certain things that you think could help your situation. This is especially true if you have drugs or alcohol in your system and are not thinking clearly during a DUI arrest. Drugs and alcohol can cloud your mind. With fewer inhibitions, you may be more motivated to act in a way that you think is helpful when, in fact, it is incredibly harmful for you.
Suppose you were arrested in Louisiana for a DUI. In that case, it is not only the criminal penalties that could arise from a conviction that you need to worry about but also the far-reaching adverse life implications of an arrest record and a potentially suspended license. In this situation, you must get the help you need to secure the best outcome possible for your circumstances. The Louisiana criminal defense attorney at the Law Offices of Philip B. Adams can help you after an arrest.
What Not To Do After a DUI Arrest
After any arrest, being cooperative with law enforcement is usually recommended. When arrested for DUI, there are things that should be avoided to reduce the potential that the situation becomes worse and more complicated with additional criminal charges.
Do Not Resist Arrest
You may not agree with the arrest or you may be frightened by the thought of being arrested. Since being arrested is not a guarantee that you will be convicted of crimes, being compliant and calm in this situation is the best way to go. Never flee when you are being pulled over, and restrain yourself. Do not get physical with law enforcement.
Do Not Be Too Chatty
You have rights, including the right not to self-incriminate. Although the police may ask you questions, you do not have to answer them. The only information you should provide a police officer is your credentials, i.e., your driver’s license, name, vehicle registration, and insurance.
Do Not Give an Attitude
Speaking in a condescending tone or with an attitude and being combative usually doesn’t work out too well and typically will make an already bad situation worse. This behavior puts you at risk of being hit with more charges, resulting in higher bail, more stress for you, and more work for your lawyer. So minding your manners as much as possible is in your best interest.
Listen and Follow Orders
Keeping your cool is incredibly important, and while you are doing so, listen to the officer, so you know what the officer wants you to do. Follow all lawful orders given to you.
Speak to a Louisiana DUI Attorney Today
Everything you say impacts the severity of your arrest situation and charges. After an arrest, you should not only follow these tips, but you should also get in touch with an attorney to protect yourself and provide legal guidance.
The Shreveport, LA DUI attorney at the Law Offices of Philip B. Adams can help you with your DUI arrest. Please call 318-230-7199 today to schedule a consultation.
Death is a part of life, but it is never an easy thing to deal with. An unexpected death caused by the actions of another, though, just feels wrong. It can leave you feeling lost and without recourse. However, there is something you can do about it. File a lawsuit!
No, it won’t heal the pain brought on by the tragedy. No, it won’t bring your loved one back. However, it can make the liable party pay for the injuries caused to your deceased loved one - the funeral costs, burial expenses, loss of income, and other financial damages that your loved one sustained as a result of death. Though money will not ease the emotional pain you feel, it can help with the financial loss that you experience due to the death of your loved one.
What is a Wrongful Death Claim?
A wrongful death is when a person dies due to the fault of another, and a wrongful death case can be filed and/or pursued by a surviving relative as determined pursuant to Louisiana statute. Often, the surviving relative will be a spouse or child, but the surviving relative may be a parent, sibling, or grandparent, depending on the circumstances.
Wrongful death can be due to a motor vehicle accident, medical malpractice, nursing home neglect, premises liability, or many other instances in which the injuries causing death are due to the negligence of another. Additionally, a wrongful death can be caused by the intentional acts of another. Like other personal injury cases in Louisiana, a wrongful death case must be filed within the statute of limitations. Wrongful death claims in Louisiana allow for one year from the death of your loved one within which to file a claim.
Given that a wrongful death claim may arise due to a variety of circumstances, and the relatively short time frame to pursue the claim, if you think that your deceased loved one’s death may give rise to a wrongful death claim, you should contact a Louisiana wrongful death attorney as soon as possible. Don’t wait, and do not hesitate to reach out with any questions that you may have regarding the matter.
Call Law Offices of Philip B. Adams
If your loved one was killed and you believe that he or she is the victim of wrongful death, we are here and prepared to assist you throughout the claim process. The lawyer at the Law Offices of Philip B. Adams is an experienced personal injury attorney in Louisiana dedicated to helping families in need.
Dealing with death is hard, but interacting with your lawyer does not have to be. Please consider contacting the Law Offices of Philip B. Adams today to speak with a Louisiana personal injury lawyer who can help you work through this challenging time. Our firm can be reached by calling 318-230-7199 to set up a consultation. In your time of need, you should not have to figure out what’s next on your own.
We are located in Shreveport, Louisiana, and we represent clients throughout the state of Louisiana.
When you are a criminal defense attorney in Louisiana, many cases that you handle will involve evidence seized by the police or other members of law enforcement. Thus, a critical question that must be determined in those cases is whether a client’s rights have been violated due to the search for, or the seizure of, that evidence. After all, this is the United States of America, and in the United States, every citizen enjoys a Fourth Amendment right against unreasonable searches and seizures.
However, the Fourth Amendment right is not absolute, and every rule has exceptions. With that said, let’s talk about the Plain View Doctrine.
The Plain View Doctrine is an exception to the 4th amendment warrant requirement. It allows a police officer or other government agent to seize evidence that is observed in plain view during a lawful observation. Notably, for the Plain View doctrine to apply, the officer or government agent must:
It would be a violation of the Fourth Amendment for a seizure of evidence to take place if any one of the above factors is not met. As a result, any evidence that was illegally obtained is likely impermissible.
For instance, if the officer was not lawfully present, the rule does not apply. Likewise, if the officer did not have a lawful right to access the evidence, the rule does not apply. Finally, when the evidence was not immediately identifiable as evidence of a crime, the rule does not apply.
Additionally, the seizing officer or agent must have probable cause for seizure of the evidence based on the plain view and cannot conduct an additional warrantless search of the potential evidence, information, or location. If the seizing officer performed some additional warrantless search and/or intrusion, the plain view doctrine likely does not apply, and the seizure of any evidence may have violated your rights. Upon establishing that your rights were violated, the evidence should not be allowed to be used against you.
Although this may seem straightforward, many questions may arise in a criminal case surrounding the legality of evidence obtained by searches and seizures. Therefore, if you have a case where evidence is alleged to have been in plain view, it is incredibly important to hire an attorney who is experienced with handling criminal cases and is well versed in issues that involve the seizure of items such as drugs, drug paraphernalia, firearms, ammunition, burglary tools, and more.
Call a Louisiana Criminal Defense Attorney Today
The Law Offices of Philip B. Adams offers an experienced Louisiana criminal defense lawyer who has handled many cases dealing with the Fourth Amendment and violations thereof. No matter the issue, we are here to fight for your rights and help you through every step of the process. We are located in Shreveport, Louisiana, and we represent clients throughout the state of Louisiana.
If you want to learn more about our firm, you are welcome to give us a call at 318-230-7199 to set up a consultation. Also, do not hesitate to review our blog for more posts regarding criminal defense and constitutional issues.
Often, you hear people claim that someone assaulted them when talking about being hit by someone. However, what they should say is that they were battered. Why? They should say battered because although they are both crimes, there is a difference between assault and battery, and that difference matters.
The Louisiana criminal defense attorney at the Law Offices of Philip B. Adams explains more below.
A person commits an assault when he or she performs any intentional act or threat to engage in behavior that places a person in reasonable apprehension of receiving a battery. A simple assault is a violent offense committed without a dangerous weapon and is punishable by a fine of not more than two hundred dollars ($200.00) or not more than ninety (90) days in jail, or both. So, if a person intentionally throws a punch at someone and misses, that is an assault. However, if that person intentionally throws a punch at someone and hits that other person, that is a battery.
A person commits battery in Louisiana when he or she intentionally inflicts force or violence against another person. There must be actual contact. Additionally, intentionally giving poison or other noxious liquid or substance to another is also a battery. A simple battery happens without the consent of the victim and is punishable by a fine of not more than one thousand dollars ($1,000.00) or not more than six (6) months in jail, or both.
Simply put, the difference between an assault and a battery is the outcome. If a person is assaulted, they are not physically touched. If that person is battered, they were physically touched. Moreover, a battery may cost a purported offender more money and more time in jail if convicted.
Both assault and battery crimes can be aggravated or made worse by the use of a dangerous weapon during the commission of the crime. Aggravation increases the possible fine and the possible jail or prison sentence. An aggravated assault is punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than six (6) months, or both. An aggravated battery is punishable by a fine of not more than five thousand dollars ($5,000.00) or a sentence of imprisonment, with or without hard labor, for not more than ten (10) years, or both.
Whatever the case, if you or someone you know finds yourself charged with assault, battery, aggravated assault, aggravated battery, or any other criminal offense against a person, you should contact an attorney right away.
Call a Louisiana Criminal Defense Attorney Today
Facing criminal charges can be a costly and extremely stressful endeavor. However, having the right legal counsel can make the process less stressful and may be the difference between winning and losing. The Law Offices of Philip B. Adams are experienced Louisiana criminal defense lawyers. They have handled many cases dealing with crimes against persons, such as assault and battery and all variations thereof.
We are located in Shreveport, Louisiana, and we represent criminal clients throughout the state of Louisiana. There is no crime too big or too small for us to handle. If you want to learn more about our firm, you can check out our website or contact us at 318-230-7199 to set up a consultation.
If you have a dog in Louisiana, you should understand what can happen if your dog attacks another party. Every day, dog bite attacks prompt many hospital visits. As a matter of fact, every year over 1,000 Americans have to visit hospital emergency rooms after they are bitten by a dog.
Large mastiff breed dogs, like pit bulls, account for most of these serious injuries. The physical injuries usually begin with the knockdown. When dogs slam into victims, these victims often sustain head injuries, broken bones, and other serious wounds. The physical injuries continue with bite injuries, which are often gruesome. These victims also sustain emotional injuries, especially if the victim is a child.
The home insurance companies that handle most of these claims have large groups of lawyers on their side. These attorneys look for ways to reduce or deny compensation to victims. In contrast, a Louisiana personal injury lawyer looks for ways to obtain maximum compensation for these victims. This compensation usually includes money for economic losses, such as the cost of medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.
The Pelican State has primary dog attack laws on the books. Essentially, Louisiana’s dog bite laws say that a dog’s owner will be the party liable to victims for the damages suffered after an attack. The law does indicate, though, that the owner must be shown to have known the dog’s nature was aggressive and was well aware of previous dangerous behavior towards others. If the dog owner did not have a history of his or her dog attacking, but given the dog’s demeanor and temperament, should have known that an attack could have happened, the owner will be held responsible for the costs to compensate a victim.
The provocation defense is available. Generally, in this context, provoking an animal is a physical activity that’s almost like torturing an animal. Aggressive teasing isn’t provocation.
Provocation usually makes victims ineligible for compensation. In negligence claims, provocation generally reduces the amount of compensation the dog owner must pay.
The assumption-of-the-risk defense is available in negligence cases. If the owner displayed a “Beware of Dog” or other warning sign, the assumption-of-the-risk defense is easier to prove. This proof requires the insurance company to show that the victim saw the sign, could read the sign, and could understand what the sign meant.
Work With a Compassionate Attorney
Dog attacks are horrifying and can also be traumatic, causing significant emotional damage to victims. The physical and emotional destruction a dog bite attack can have on a victim could be permanent and lifelong. Due to the severity of dog bite attacks, dog bite injury victims are usually entitled to substantial compensation.
For a confidential consultation with an experienced personal injury attorney in Shreveport, contact the Law Offices of Philip B. Adams. We handle legal matters throughout the Pelican State, including cases concerning dog bite attack victims.
Being arrested for rape in Louisiana is a serious charge that can have severe consequences if you are convicted. The criminal justice system in Louisiana is complicated, and navigating it on your own can be overwhelming. That is why it is essential to hire a Louisiana criminal defense attorney to help you through the process.
Arrest and Bail
When you get arrested for rape in Louisiana, law enforcement officers will take you into custody. They will read you your Miranda rights and take you to the police station for processing. After processing, you may be released on bail or held in jail until your trial. How costly bail will be is mainly dependent on the severity of the crime, your criminal record, and other factors. In some cases, the judge may deny bail if the judge believes you are a flight risk or a danger to society.
Preliminary Hearing and Grand Jury
After the arrest, the prosecutor may present the case to a grand jury to figure out if sufficient evidence exists to proceed to trial. At the grand jury hearing, the prosecutor must present evidence sufficient to show that probable cause exists that a crime was committed and that you were involved in committing it. If the grand jury determines sufficient evidence exists, the grand jury will indict you and formally accuse you of a crime. An indictment is merely a formal accusation.
Prosecutor's Burden of Proof
The prosecutor has the burden of proving beyond a reasonable doubt at trial that you committed the rape. This means that the prosecutor must present evidence that is so convincing that there is no other logical explanation except that you committed the crime. In Louisiana, rape happens when there is sexual penetration by force, threat of force, or coercion. To secure a conviction, the prosecutor must prove that the elements that define rape happened.
Trial and Sentencing
At the trial, the prosecutor will present evidence to prove his or her case beyond a reasonable doubt. The defense will have the opportunity to cross-examine witnesses and present its own evidence. If you are found guilty, you will be sentenced by the judge. The penalties for rape in Louisiana can include prison time, fines, and potentially more.
Why You Need a Criminal Defense Attorney
If you are arrested for rape in Louisiana, it is incredibly important that you hire a criminal defense attorney to assist you. A criminal defense attorney can help you navigate the criminal justice system, explain the charges against you, and help you understand your legal rights. A defense attorney can also help you develop a defense strategy and represent you in court. Having a criminal defense attorney on your side can help you in trying to avoid the worst possible outcome in an unpredictable legal system.
The Louisiana criminal defense lawyer at the Law Offices of Philip B. Adams has experience in defending clients against charges of sexual assault. Our attorneys are skilled in navigating the criminal justice system and helping our clients understand their legal rights. We understand how devastating a rape charge can be, and we will work tirelessly to protect your rights and reputation. If you or a loved one has been charged with rape, contact the Law Offices of Philip B. Adams for a free consultation.
Driving under the influence (DUI) is a serious offense in Louisiana that carries heavy penalties, including hefty fines, license suspension, and even imprisonment. The Louisiana DUI law prohibits individuals from operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, it is not only alcohol that can cause impairment while driving. Various other substances, including drugs and prescription medication, can also affect a person's ability to drive safely.
If you were arrested for driving under the influence in Louisiana, you need effective legal representation. Call the Louisiana DUI defense attorney at the Law Offices of Philip B. Adams.
Substances that Can Lead to DUI
In Louisiana, it is not only alcohol that can lead to a DUI charge. Under the Louisiana DUI law, a person can be charged with DUI if he or she is driving while under the influence of, and impaired by, any substance that undermines his or her ability to drive safely. These substances can include illegal drugs, prescription medication, and even over-the-counter medication.
Police Officer's Determination of DUI
Police officers in Louisiana have various methods for determining whether a driver is under the influence. The most common method is the administration of a breathalyzer test to determine the driver's BAC level. However, if the officer suspects that the driver is under the influence of drugs or other substances, the officer may ask the driver to submit to a blood or urine test.
Issues with Test Accuracy
While these tests are meant to be accurate, their reliability has several issues. Breathalyzer tests, for example, can be affected by various factors, such as mouthwash, certain medications, or even the temperature of the breathalyzer. Blood and urine tests, on the other hand, can be affected by the length of time between the driver's last use of the substance and the test.
Defenses to DUI Charges
If you have been charged with DUI in Louisiana, there are several defenses that you can use to fight the charges. Some of the most common defenses include
1. Lack of Probable Cause: Police officers must have a valid reason for pulling you over for a traffic violation If they did not have probable cause for the traffic violation, then any evidence collected after the stop may be inadmissible in court.
2. Faulty Equipment: If the breathalyzer or other testing equipment is not functioning correctly, the results of the test may be invalid.
3. Improper Administration of Test: If the police officer did not administer the test correctly, the test results might be inaccurate and challenged in court.
4. Medical Conditions: Certain medical conditions, such as acid reflux or diabetes, can cause false positives on breathalyzer tests.
Attorney Philip B. Adams Can Assist You With Your DUI Case
If you have been charged with DUI in Louisiana, it is essential to seek legal representation immediately.
The Law Offices of Philip B. Adamas has an experienced DUI defense attorney in Shreveport, LA, who can help defend you against serious DUI charges. Attorney Adams will work to ensure that your rights are protected, will investigate the circumstances of your case, and will use every available defense to fight your charges. Contact us today to schedule a consultation and learn how we can help with your DUI case.
Has a police officer ever asked to search your vehicle? Or perhaps that officer has requested permission to step inside your house and have a look around? Maybe an officer has asked if you are willing to come down to the police station and talk with him or her. There is a reason for that. It is a tactic, and they want you to agree.
But there is something you should know in case you are asked such questions in the future. Thanks to the Fourth (4th) Amendment, you can say NO, and you or your property shouldn’t be searched.
The 4th Amendment, among other things, states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated….” Thus, pursuant to the 4th Amendment, it has been held that a government actor may not search you, your house, your vehicle, papers, or effects without either a warrant, probable cause, or exigent circumstances.
However, your 4th Amendment right against unreasonable searches and seizures can be waived or given up by you, and you can consent to a search of your person, premises, or things. The consent must be freely given and not the product of coercion. If you voluntarily consent to a search, a government official can search whatever you agree to and look for evidence of a crime without meeting the above-stated requirements. Additionally, the government official can potentially seize what they find and use it against you in a court of law. Consent searches are perfectly legal, and so is the evidence obtained from the searches. That is how a consensual search can lead to a criminal case. Your giving your permission to search may be the first step on a road that could lead to prison.
In order to prevent that from happening, it is essential to remember the 4th Amendment right against unreasonable searches and seizures. If you have an interaction with a police officer or any other government official and they ask you for permission to search you or your things, you are not required to consent, and it is a good idea not to do so even if you have nothing to hide.
If you believe that you or a loved one were unlawfully searched in Louisiana and evidence was illegally seized, you should speak with a Louisiana criminal defense attorney at the Law Offices of Philip B. Adams immediately. If you currently have a pending misdemeanor or felony criminal case due to an unlawful search, any evidence obtained from the illegal search may be subject to exclusion and not be used against you. Still, the issue has to be brought properly before the court and litigated.
The Law Offices of Philip B. Adams are experienced Louisiana criminal defense lawyers and have litigated 4th Amendment issues vigorously for years. We have represented and fought for Louisianians’ rights throughout the state regarding unlawfully searched individuals, vehicles, homes, and more. If you want to learn more about our firm, you can go to our website or call us at 318-230-7199 to set up a consultation.
Car Accidents: A Race to Relief
Skrrrr, Booom! You have just been in a car accident. Your car is damaged, and you have been hurt. What do you do now?
Well, you will likely call the police and report the accident. Maybe you take pictures of the damage, if possible.
In many cases, you seek medical treatment. But what next? You should call a lawyer as soon as possible.
Most people may not know, but there is a time limit on filing a lawsuit if you have been in a car accident. That time limit is called a statute of limitations.
What is a statute of limitations? Simply put, it is a law that provides a time limit for taking legal action and suing in a civil case, among other things. The clock on your statute of limitations typically starts the moment your injury occurs or when your injury is discovered. Louisiana’s statute of limitations for a car accident is one year.
Why is this important to you?
Car accidents can cause all kinds of damage to your life, from taking away your mode of transportation, causing physical injuries to your body that affect the quality of your everyday life, and causing you to miss work. So, the statute of limitations for your potential legal claim is crucial because if you want your car fixed, your medical bills paid, or you want to be paid for missed work and more, you should seek the relief you deserve before time runs out. Don’t waste time!
Often, the quicker you hire a lawyer, the better. A lawyer can help you with the process, and most of all, that lawyer can provide you with necessary information so that you can rest assured that vital steps are being taken toward your recovery. You have legal rights, and it is essential that you know what those rights are so that you can make the best decisions for you moving forward. Working with a Louisiana personal injury attorney at the Law Offices of Philip B. Adams can help you determine how to build a strong claim for compensation.
Based on when your accident happened or when your injury was discovered, your lawyer can tell you exactly when your statute of limitations period expires. Don’t let your statute of limitations period expire before you seek the justice you deserve. Also, don’t let at-fault drivers or insurance companies potentially devalue your claim or settlement. Car accidents create problems, but a good lawyer can work to help you solve many of those problems.
Call Law Offices of Philip B. Adams, LLC.
If you or a loved one has been in a car accident and need help, we are here and prepared to assist you throughout the personal injury claim process. The lawyers at the Law Offices of Philip B. Adams are experienced accident attorneys, and most important, we are dedicated to helping good people get through bad situations.
Do not hesitate to contact the Law Offices of Philip B. Adams today to speak with a Louisiana personal injury lawyer! We are located in Shreveport, Louisiana, and we represent clients throughout the state of Louisiana.
If you want to learn more about our firm, you can check out our website or give us a call at 318-230-7199 to set up a consultation. Help is just a phone call away.