Slip & Fall and Premises Liability Attorneys

Slip and fall accidents are the most common type of accidental injury according to the National Safety Council. A slip and fall can happen while out for a walk, shopping, working, or doing just about anything else. Louisiana law provides that all property owners owe a duty of care to anyone invited onto their premises. This duty requires property owners to ensure that the premises are safe free from dangerous conditions. Further, property owners need to provide adequate notice if there is a dangerous or hazardous condition present. If you were injured on someone else’s property, call us now for a free case evaluation

A slip & fall refers to a “premises liability claim” and can be caused by a number of negligent conditions:

• Improper cleaning
• Poor lighting
• Debris in walkway
• Uneven stairs or missing railings
• Defective sidewalks or walkways
• Pot holes or cracked pavement
• Lack of warning signs

Slip and fall accidents commonly occur at office buildings, retail stores, hotels, casinos, restaurants, or in parking lots.

Why Are Slip & Fall Cases Different?

Comparative Fault Standard

A number of court opinions reference a duty on the pedestrian to, essentially, be vigilant of potentially dangerous conditions. A perceived failure to observe something obvious often serves as the justification for paying a victim less. Moore v. Oak Meadows Apartments repeats the language echoed by many other courts: “A pedestrian has a duty to see that which should have been seen.   He is not required to look for hidden dangers, but he  is bound to observe his course in order to see if his pathway is clear.   A pedestrian is held to have seen those obstructions in his pathway which would be discovered by a reasonably prudent person exercising ordinary care under the circumstances (citations omitted).   However, pedestrians cannot be expected to constantly look down while walking on a busy street (citations omitted).   A pedestrian is not required to constantly observe the surface of the walk or to “exercise the care that would be necessary in traversing a jungle.”  Johnson v. New Orleans Department of Streets, 94-1542 (La.App. 4 Cir. 2/23/95) 650 So.2d 1216”

Specialized Statutes

While many premises liability case are evaluated under a negligence standard, Louisiana law also provides a number of statutes that can complicate these claims.

RUIN, VICE OR DEFECT: Louisiana Civil Code Art. 2317.1 is clear that the owner or custodian of a thing is answerable for damage occasioned by its ruin, vice, or defect, only upon a showing that he or she knew or, in the exercise of reasonable care, should have known of the ruin vice, or defect which caused the damage. This boils down to showing three things:

1. Ownership or control of the defective or hazardous property;
2. Actual or constructive knowledge of the defect or hazard; and
3. The defect or hazard posed an unreasonable risk of harm to others.

Failure to meet any one of these requirements will prevent a successful claim. Our attorneys are experts in these types of claims. Call today for a free case evaluation!

CLAIMS AGAINST MERCHANTS: A merchant is defined, in this instance, as one whose business is to sell goods, foods, wares, lodging, or merchandise at a fixed place of business. Louisiana Revised Statute 9 § 2800.6 provides that a merchant owes a duty to persons who use his or her premises to exercise reasonable care to keep the aisles, passageways, and floors in a reasonably safe condition. This duty includes a reasonable effort to keep the premises free of any hazardous conditions which reasonably might give rise to damage. Further, in a negligence claim brought against a merchant by a person lawfully on the merchant’s premises for damages a a result of injury, death, or loss sustained because of a fall due to condition existing in or on a merchant’s premises, the claimant shall have the burden of proving, in addition to all other elements of his cause of action, all of the following:

• The condition presented an unreasonable risk of harm to the claimant and that risk of harm was reasonably foreseeable;
• The merchant either created or had actual or constructive notice of the condition which caused the damage, prior to the occurrence.
• The merchant failed to exercise reasonable care. In determining reasonable care, the absence of a written or verbal uniform clean up or safety procedure is insufficient, alone, to prove failure to exercise reasonable care.

PUBLIC WALKWAY. Many slip and fall accidents occur on public sidewalks. Again, Louisiana law creates new hurdles when this is the case. Louisiana Revised Statute 9 § 2800 requires the victim to establish:

1. The city had custody or ownership of the defective things;
2. The defective things created an unreasonable risk of harm;
3. The city had actual or constructive notice of the defective things;
4. The city failed to act to correct the defective thing in a reasonable time; and
5. The defective thing caused the damages.

Failure to meet any one of these requirements will prevent a successful claim against the public entity.

After a dog bite, it’s important to do the following:

• Make sure you are safe! In cases of serious injury, those injuries can be made worse by moving or getting up. Do your best to make sure you’re not going to make your injury worse by moving.
• Get medical attention. Even minor slip & falls can be cause serious injury. It’s better to err on the side of caution and have a doctor evaluate any injuries.
• Take photos and notes. Take photos of the condition that caused your injury. Do your best to get photos from all angles and distances in order to give a full illustration of what caused your injury. Take photos of any warning or caution signs. Lastly, take photos of any visible injuries you may have. Be sure to also write down what happened, the date & time, location, the name and contact information for any witnesses, and any other pertinent information.
• Hire Malvin Law. Our attorneys are experts at handling premises liability claims and will fight to get you what you deserve!

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Get Help from Malvin Law

Premises liability cases are specialized and require a skilled attorney. Our attorneys are not only experts in the law but will also do their best to investigate the incident, identify all potentially liable parties, and ensure we have all the evidence available. From there, we won’t stop until you are fairly compensated!