In Charlene Blalock v. Shelter Mutual Insurance Company and Frank M. Flanagan, 2022-CW-0826 (La.App. 1 Cir. 12/29/2022), the Louisiana First Circuit Court of Appeal held the plaintiff solely responsible for her injuries after tripping on a power cord. The appellate court overturned the trial court’s decision to deny the defendants’ motion for summary judgment and dismissed the plaintiff’s claims against the defendants.

Accident Facts:

The plaintiff, Charlene Blalock, was employed as a housekeeper. Blalock testified that she was familiar with the layout of the home, yet tripped on an air purifier power cord while cleaning. Blalock testified that she was not watching where she was going and did not look down when she tripped over the cord, and that nothing obstructed her view at the time of the fall. The defendant home owner said he didn’t remember moving the air purifier or its cord before the accident.

Application of the Law:

The court found that the air purifier cord was an open and obvious condition, such that the defendant was entitled to summary dismissal. Under Louisiana law, a defendant generally does not have a duty to protect against an open and obvious hazard. The court also cited a previous case, Millet v. Cormier, which states that a pedestrian is not required to look for hidden dangers, but nonetheless remains bound to observe their course and see if their pathway is clear.

Conclusion

People trip and fall on power cords all the time because it’s hard to see them in their peripheral vision. Even if you didn’t see the power cord while you were walking, the courts may still hold you solely responsible for your injuries because of an “open and obvious condition.”

If you have tripped on a power cord and sustained injuries, you should first acknowledge that you were watching where you were going, but, nevertheless, did not see the power cord. Your lawyer should also hire a qualified expert witness, like an industrial engineer, who can explain to the court why a power cord is not an open and obvious condition in all situations, given limitations in seeing detail through peripheral vision. This recent decision explains why expert testimony is critical to protecting your legal rights.

Related Posts

Leave a Reply