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Determining Fault in a Louisiana Slip and Fall Accident

Determining Fault in a Louisiana Slip and Fall Accident

There is no exact science when determining fault in slip and fall accidents. Basically, every property owner should be aware, and take care of, any dangers on their premises. Likewise, when using somebody else’s property, you should not take any unreasonable risks that could cause Louisiana slip and fall accidents.

Liability and Responsibility in Slip and Fall Accidents

A property owner is held liable for proper upkeep and care of their property. Below is a short list of preventative measures that property owners should follow. If the property owner did not adhere to one or more of the items on this list then it is likely you have a valid slip and fall accident claim.

To avoid slip and fall accidents, property owners are responsible for:

  • Being aware of spills on floors or tears in carpeting
  • Cleaning spills
  • Maintaining a consistent cleaning schedule
  • Maintaining a repair schedule
  • Removing stray items from pathways
  • Installing signs or barriers (if possible) for floor hazards
  • Installing adequate lighting
  • Repairing broken lighting

If the property owner neglected to uphold one or more of these responsibilities, you may have a good case for seeking damages related to your slip and fall injury. This is particularly true if you suffered a severe injury, like a head or spine injury.

Actions During Louisiana Slip and Fall Accidents

Consider the events surrounding your accident. Once you file your claim, an insurance adjuster will ask you to review your behavior prior to and during the accident. If you participated in one or more of these activities, they may think the burden of guilt for slip and fall accidents lies more heavily on you:

  • Illegitimate reason for being in the area (i.e. trespassing on private property)
  • Unanticipated (by the property owner) occupation of area
  • Carelessness
  • Disregard of warning signs or barriers
  • Engaged in distracting activities—running, jumping, roughhousing

The courts will consider what a “reasonable” person would have done in both positions. As previously stated, you and your Louisiana personal injury attorney will have to prove that the owner was blatantly negligent in their control of their property. If you took part in one of the activities listed above, the plaintiff may argue that you caused your own slip and fall accident due to your behavior. This is where the right Louisiana personal injury attorney can help make or break your case.

 

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