SLIP AND FALLS
Greater New Orleans Slip and Fall Attorney
“Bold and deliberate representation is my hallmark. I want my clients’ adversaries to know that we will fight for the best possible position" - Donald D'Aunoy, Jr.
Slip and fall cases occurring in stores, restaurants or other commercial property have become more difficult to win since the Louisiana Merchant Liability Statute was enacted. Business owners are not automatically responsible for injuries when a customer slips on a liquid or object on the floor. Usually, the patron must prove that the owner knew or should have known of the floor’s hazardous condition and failed to take adequate measures to prevent the accident.
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Although the burden requires a lot for plaintiffs to prove, Donald D’Aunoy Jr. works quickly to obtain video surveillance of the accident and property; store incident reports; witness statements; and, send letters to business owners making a claim and requesting that evidence be preserved.
Tips for Louisiana Slip and Falls and Hazardous/Defective Property Cases
Louisiana slip and fall cases are generally tough to prove. The plaintiff (accident victim) must show that a store or property owner negligently caused a fall or other injury. Even in cases where the hazard is inherent in the property itself (as opposed to a transit substance on the floor like water), an accident victim must still prove that the property owner knew or should have known of the defect and failed to take remedial measures.
The Louisiana law governing personal injury from slip and falls due to substances “on” the floor—e.g., water, grease or oil—is La. R.S. 9:2800.6. La. C.C. articles 2317 and 2317.1 prescribe the plaintiff’s burden in cases involving accidents due to defects “in” the property itself—e.g, uneven concrete, jagged flooring, rotten handrails, or leaking roofs or air condition units. Although the plaintiff’s burden in 2317.1 is not as high as La. R.S. 9:2800.6, a plaintiff will need to prove that the defendant either knew or should have known of the dangerous condition before the accident under both Louisiana laws.
