Louisiana’s legislature has passed many statutes that are different than most other states. This includes the laws that define the ways that an injured individual can hold a landowner responsible following a slip and fall accident. While both parties can often agree that the property owner did not intend to cause the injury, Louisiana statute says that commercial property owners may still be civilly responsible following an accident. A Metairie slip and fall lawyer could help you understand your rights under Louisiana’s laws and pursue at fault property owners for compensation stemming from their negligence. By working to thoroughly understand the circumstances surrounding an injury, a meticulous personal injury attorney could help give your claim the greatest chance of success.
Louisiana Revised Statute §9:2800.6 creates a special duty for merchants to provide protection to lawful visitors on their land. In addition, the statute provides the elements that an injured plaintiff must prove in court to collect compensation.
Merchants are defined as any person with a fixed location who sell goods, merchandise, or food. In addition, a merchant can also be an innkeeper or hotel operator. These merchants must make a reasonable effort to keep their premises safe from any condition that could reasonably cause an injury. In simple terms, merchants must take reasonable steps to protect invited guests. However, this protection does not extend to trespassers.
People injured on a merchant’s land due to a hazardous condition must prove that:
This is a high standard to meet. The statute also says that the lack of a warning about a condition, such as a spill or broken step, is insufficient to show that the merchant failed to exercise reasonable case.
In addition, there is a very short time limit to file a claim. Louisiana’s Civil Code §3492 gives individuals injured in slips and falls only one year from the date of injury to file a case in court. A Metairie slip and fall lawyer could help injured individuals to investigate the actions of merchants to determine whether they may be at fault for a slip and fall.
Slip and fall injuries are among the most common sources of personal injury lawsuits in Louisiana. Something as simple as a failure to keep a floor free from rainwater or a failure to fix an entry step could cause an injury. However, just because slip and falls are common does not mean that they cannot result in severe injuries.
A short trip to the ground can have a devastating effect on an unsuspecting victim. Hitting one’s head on the floor can cause a skull fracture or a concussion. In addition, the torquing motion that a slip can place on the knees, hips, or ankles can separate joints or break bones. The costs associated with treating these injuries form the core of a slip and fall claim.
Plaintiffs can also claim other economic damages. If the fall causes them to miss time at work, they can demand that a merchant or insurance company provide reimbursement. Comprehensive claims can even demand payments for mental anguish or pain. A Metairie slip and fall lawyer could work to help calculate losses and demand appropriate compensation. Reach out to a dedicated attorney today.
Louisiana places a high burden on plaintiffs injured in slips and falls to collect compensation for their losses. Still, a merchant who fails to maintain their land in a reasonable manner may be responsible for any injuries that happen on their property.
A Metairie slip and fall lawyer could help you pursue your claim. By guiding you through the entire process, they could help you take the proper steps to give you the greatest chance of recovery. If you are ready to get started, call today.
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