Slip and fall cases fall under “premises liability law” in Louisiana. Basically, Louisiana slip and fall law holds property owners responsible for maintaining a safe environment for visitors and guests. However, there are merchant limitation of liability statutes of which you need to be aware.
Do I have a good slip and fall case?
To determine whether you have a valid slip and fall claim, we must apply the elements of the law to the facts of your case. Premises liability elements include:
Duty of Care: Property owners have a duty to keep their premises reasonably safe for visitors and to warn them of any known hazards that could cause harm.
Types of Visitors: Louisiana recognizes three types of visitors: invitees (those invited onto the property for business purposes), licensees (those with permission to enter the property for non-business purposes), and trespassers (those who enter without permission).
Standard of Care: The level of care owed to a visitor depends on their status. Property owners owe the highest duty of care to invitees, a slightly lower duty to licensees, and minimal duty to trespassers.
Proving Liability: To hold a property owner liable for injuries on their premises, the injured party typically needs to prove that the owner knew or should have known about the hazard and failed to take reasonable steps to address it.
Comparative Fault: Louisiana follows a comparative fault system, meaning that if the injured party is partially responsible for their injuries, their damages may be reduced based on their degree of fault.
Statute of Limitations: In Louisiana, the statute of limitations for filing a premises liability lawsuit is one year from the date of the injury.
How do I file a slip and fall claim against a premises owner?
In Louisiana, premises liability law is largely based on the state’s Civil Code and relevant court decisions. Here are some key statutes and legal principles that are often applied in premises liability cases:
- Louisiana Civil Code Article 2317: This article establishes the general principle that individuals are liable for the damage they cause by their fault. It forms the basis for holding property owners accountable for injuries caused by hazardous conditions on their premises.
- Louisiana Civil Code Article 2315: This article outlines the general principles of negligence law in Louisiana, which are often applied in premises liability cases. It establishes that individuals are liable for damages caused by their negligent acts or omissions.
- Louisiana Civil Code Article 2317.1: This article extends liability to property owners for damages caused by a “ruinous” or “defective” thing on their property, even if they did not have actual knowledge of the defect.
- Louisiana Civil Code Article 2322: This article addresses the liability of property owners for damages caused by the actions of their children.
- Louisiana Revised Statutes 9:2800.6: This statute governs the liability of property owners for injuries sustained by recreational users of their property, providing some protection from liability in certain circumstances.
- Louisiana Revised Statutes 9:2800.7: This statute limits the liability of property owners for injuries sustained by persons engaged in certain recreational activities on their property.
If you slipped and fell, and was hurt in the process, you may have a case. But you have to overcome the defense the building owner has which is notice of the defective condition.
Did the building owner have notice that the floor was wet? If so, did they post a wet floor sign to notify patrons? If so, you may lose your lawsuit on summary judgment.
