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Louisiana Slip and Fall Lawyer 

Slip and fall accidents are among the most common accidents in today’s society. In some cases, there is a wet patch on a floor that causes the fall. In other instances, there is a structural defect or a construction hazard that results in an injury.

In all of these situations, the case must be examined through the legal lens known as premises liability. Louisiana law creates specific laws and rules defining when a property owner is responsible when an injury happens on their property.

Louisiana slip and fall lawyers help clients to better understand their rights under these laws. If you have been injured in a slip and fall incident, speak with a capable personal injury attorney who can pursue the responsible parties for compensation that clients deserve for their injuries.

Premises Liability Laws

A slip and fall is just one example of an injury that falls under what is known as premises liability law. This group of torts covers not just slips, but any accident that occurs as the result of negligence while on another’s property. There are a number of important questions that must be asked when considering these cases.

First, a Louisiana slip and fall lawyer may need to ask why the plaintiff was on the land. In general, people may only sue for their damages if they had a legal right to be on the property. This includes visitors to businesses, guests at a house party, or legally authorized workers, such as mail carriers.

If the person is a trespasser, their legal rights are significantly reduced. All property owners owe a responsibility, or duty, to their visitors to protect them from dangerous conditions.

Establishing Negligence

Once the injured person’s status is determined, we need to look at where the accident happened. Louisiana Revised Statute 9:2800.6 provides specific framework within which a merchant can be held responsible for injuries on their property. It states that the plaintiff must prove that:

  • The condition presented an unreasonable risk of harm that was reasonably foreseeable
  • That the merchant knew, or should have known, that the condition existed
  • The merchant did not take appropriate care to fix the problem

Factors to Consider

There are a number of factors that need to be considered when we determine whether the merchant knew of the problem and did not move to fix it. The length of time that the hazard was present, any reports created by the business, and the presence of any markers calling attention to the situation are all valuable pieces of evidence.

Other important factors are whether the hazard that caused the slip and fall was caused by defective or poorly maintained equipment of the merchant or was carelessly created by its employees.

When the landowner is not a merchant, the required elements change. In these situations, the plaintiff needs to show that the property owner created the condition, that the owner knew or should have known that the condition existed, that the condition was not corrected and that the plaintiff suffered a personal injury.

Statute of Limitations in Premises Liability Cases

Even if a potential plaintiff meets all of these requirements, their case may still fail if they miss the statute of limitations. This is a time limit within which a plaintiff must file their claim in court.

Louisiana Civil Code 3492 gives people only one year from the date of the accident to file a claim. If this deadline passes, the defendant can argue, and likely prevail, that the case should be dismissed.

Contacting a Louisiana Slip and Fall Attorney

People who have been hurt while on another’s property may be facing many challenges. On top of any medical bills and rehabilitation sessions, they could be missing significant time at work or even permanent loss of physical functions.

A Louisiana slip and fall lawyer can work with people to properly evaluate their cases and to fight for the compensation that they deserve. Your attorney can handle the insurance company so that you can focus on recovering.