Baton Rouge Slip and Fall Attorneys

How Louisiana’s Premises Liability Laws Affect Slip and Fall Incidents

Under state law, property owners have a legal obligation to maintain relatively safe premises. This means they must make every reasonable effort to be aware of dangerous conditions and resolve (or at least address) hazards as soon as they learn about them.

A Louisiana property owner is likely liable for a slip and fall incident if:

• A dangerous condition (such as a slick surface) was present on the property
• The property owner knew or reasonably should have known about the dangerous condition and did not take sufficient steps to address it
• The dangerous condition caused the slip and fall, leading to the victim sustaining injuries
• The victim was doing nothing reckless at the time of the accident 

Many slip and falls tend to be caused by slick flooring, uneven surfaces, or other tripping hazards, all of which generally constitute “dangerous conditions” for purposes of premises liability law. However, you must be able to prove the property owner knew about the hazard or should have known about it. This is where many of these cases can run into difficulty, but our Baton Rouge slip and fall attorneys can investigate the circumstances and work to gather the evidence needed to establish liability. 

Every case is different, but often, a property owner “should” have reasonably known about a safety issue that has existed for a substantial amount of time. For example, say a spill occurs at a grocery store, causing slick liquid to cover the floor of an aisle. If the store is large, the property owner will probably not be expected to have immediately detected and cleaned the spill. However, if an hour or more passes and nothing is done to address the slick floor, there is an argument that the property owner (and their employees) should have been monitoring the space and discovered the problem. 

A property owner may not be responsible for a slip and fall if the victim was acting irresponsibly at the time of the accident. If the victim was wearing improper footwear for the environment, running, or not looking where they were going in the moments before the fall, for example, liability may be less clear. A case may also be weakened if the victim goes somewhere they are not supposed to be, such as a clearly marked “employees only” area. 

Also note that a property owner may not be liable if they make an effort to warn visitors and patrons about a dangerous condition, even if they do not fully and immediately resolve it. A property owner might put up a bright “caution” sign and cones around a spill, which is likely sufficient to avoid liability. 

Not sure if you have a slip and fall case in Louisiana? You do not have to go through the legal process alone. Our team at Chris Corzo Injury Attorneys can help you understand your rights and advise whether you have a strong claim.

What To Do after a Slip and Fall Accident in Louisiana

Some people think of a slip and fall as embarrassing more than dangerous or a reason to consider litigation. Still, you should make every effort to protect your rights after falling due to a hazard on someone else’s property.

Do not hesitate to call 9-1-1 and seek immediate medical care if you sustain any severe injuries after a slip and fall. If you cannot get up, feel numb, or are experiencing a headache, go to the nearest hospital and get checked out.

If you are well enough to stay at the property where you fell, take photos of the hazard and any warning signage (or lack thereof) near it. Then, find the property owner or the manager-on-duty and explain what happened, including pointing out the unsafe condition that caused the accident. You will need their contact information as well as the contact information of the property owner (if they are not present) and any witnesses. 

Do not say anything that implies you were at fault, and ask the on-duty manager to generate an official report. Review the report for accuracy and collect a copy before leaving. 

After leaving, see a doctor and get a complete medical evaluation. Slip and falls can lead to conditions that may not be obvious at first, so do not put off a visit even if you feel fine. 

Avoid making any statements or answering any questions posed by the property owner’s insurance company or legal representatives. When you hire our firm, our Baton Rouge slip and fall lawyers will handle all communications on your behalf and promptly get to work on your case. 

Recovering Damages in a Louisiana Slip and Fall Lawsuit

In Louisiana, you only have one year after the date of the accident to file a slip and fall lawsuit. You will be unable to recover any damages if you miss this deadline, so get legal advice as quickly as possible. 

Should someone perish due to slip and fall-related injuries, qualifying family members can seek compensation on their behalf through a wrongful death lawsuit. They will have one year from the date of the victim’s passing to initiate legal action.

Our Baton Rouge slip and fall attorneys will work to secure compensation for all pertinent losses, including:

We will work to swiftly resolve your case and make every effort to avoid a drawn-out court battle. Discuss your legal options today by calling (225) 230-3110 or contacting us online.