In Louisiana, a reasonable warning in slip and fall cases means providing adequate notice of a hazard, typically through the use of signs. Whether it’s a wet floor or a loose rug, the store or other public location must alert people of the danger. The warning needs to be visible and effective to be considered reasonable by our state’s premises liability law RS 9:2800.6.
If you were hurt in a slip and fall, you want to understand your legal rights. Find out what is considered reasonable warning and when to pursue a claim from the experienced legal team at Kopfler and Hermann.
In order for a warning to be considered reasonable, it must be easily seen and understood by anyone who is moving through the area. For example, “wet floor” signs or warning tape are both visible and effective, while indicating the nature of the hazard.
However, if the hazard is “open and obvious,” like a broken staircase with a large hole in it, the property owner may have less duty to warn the public. That is because under the law, it’s considered easily seen and understood. Even if you were injured in this circumstance, the courts may look at the specific facts of your case before dismissing your claim.
A property owner has a legal obligation to timely warn people of a slip and fall danger. Ideally, the warning should be provided before anyone enters the area where the hazard occurred. Likewise, if the dangerous situation existed for enough time that anyone would have noticed it, the business typically is believed to have had constructive notice. This legal concept may apply even if the company’s authorized agent claims not to have known about it.
A reasonable warning must be sufficient to allow people to take precautions to avoid the slip and fall hazard. If the property owner did fulfill this requirement and provided sufficient signage that was timely, visible, and effective, and you did not notice the hazard, you could be found to have contributed to your own injury. Because Louisiana is a comparative negligence state, the amount of damages you can recover may be reduced proportionately to your percentage of fault.
Now that you are more familiar with what is considered reasonable warning in slip and falls, reach out to our personal injury attorneys with your questions. Our team understands Louisiana’s negligence laws and how to help you get the best possible outcome in your case.
Kopfler and Hermann puts our clients first, because to us, success means helping the little guy. Our team works hard to negotiate with the property’s insurance company, but if necessary, we will file suit and take a claim to trial on your behalf.
