If you’ve been involved in a slip and fall accident, you probably want to know who is responsible for your injuries and what options you have to seek justice. Before you consult with a Louisiana personal injury lawyer, it will benefit you to review the facts surrounding your case.
Once you have a better understanding of the basics of slip and fall accidents, you can move forward with the help of a Louisiana personal injury lawyer.
When a Slip and Fall Accident Necessitates a Louisiana Personal Injury Lawyer
In order to seek damages after a slip and fall injury, you must be able to prove:
- You were injured on somebody else’s property
- The property owner did not exercise basic care and upkeep
- They knew about the hazard
- The situation could have been prevented
Slip and fall accidents are ruled under tort law, which deals with civil wrongs. Civil wrongs include situations that are not contracted, like the use of public property or a visit to the grocery store. If you decide to file for damages, your Louisiana personal injury lawyer will argue that your slip and fall accident was caused because of a civil wrong (negligence) on the part of the property owner.
To give one example, if you visited a restaurant bathroom and slipped in a puddle of water caused by a leaky toilet, this could be considered an act of negligence on the part of the restaurant. If the restaurant employees had acted with due diligence, then they would have repaired the leaky toilet or marked the stall as unusable. It is, after all, the host’s responsibility to ensure a degree of safety for guests.
However, if you created a puddle when washing your hands, and slipped on it, this would not be a result of the restaurant’s negligence. While restaurant managers are expected to periodically check bathrooms for problems, it is not reasonable to presume they can anticipate every spill.
In terms of slip and fall accidents, it is rare for either party to willingly accept blame. So it is up to you as the plaintiff to prove that an act of negligence on the part of the property owner was the cause of your injury.
Since the burden of proof is not always readily apparent in a slip and fall case, it is recommended that you consult with a Louisiana personal injury lawyer as soon as possible. There are specific time limitations placed on Louisiana personal injury lawsuits, so it is important to speak with an attorney as soon as possible after your accident.
Following graduation from Loyola Law School in New Orleans in 1990, Price McNamara served as a Federal Judicial Law Clerk to the Honorable John M Shaw, Chief Judge, United States District Court Western District of Louisiana.
Mr. McNamara founded the Law Offices of J. Price McNamara, and began putting his past experience to work for the injured and disabled clients he now represents against the insurance companies in personal injury and long term disability and other insurance disputes in both federal and state courts