New Orleans Slip and Fall Lawyers
Slip and Fall Accident Claims in Louisiana
In Louisiana, property owners are not “strictly liable” for accidents, injuries, and deaths that occur on their premises. However, they do have a legal responsibility to maintain their properties and remove, repair, or warn of dangerous or defective conditions that could cause an accident or injury.
If you slipped, tripped, and fell on someone else’s property, you’ll need to prove that the property owner (or another party) is legally responsible for your damages. At Mike Slocumb Law Firm, our New Orleans slip and fall lawyers not only understand the law but also how it applies to your unique case. We can gather important evidence, communicate with the insurance company, and aggressively seek the full, fair compensation you are owed—all while you focus on getting back on your feet and moving forward with your life.
Let the Mike Slocumb Law Firm team help you with your New Orleans slip and fall case; call (504) 226-6777 or contact us online for a free consultation.
Holding a Property Owner Liable for a Slip and Fall in Louisiana
To have a slip and fall case against a property owner, there are several things you must prove under Louisiana premises liability laws:
- You were lawfully on the property (i.e., not trespassing) when the accident occurred
- There was a dangerous or defective condition on the property
- The property owner knew about/should have known about the dangerous/defective condition
- The property owner failed to take reasonable steps to remove, repair, or warn of the dangerous/defective condition
- The slip and fall accident that led to your injuries was caused by the dangerous/defective condition
- You did not cause the accident through your own negligent or wrongful conduct
Because Louisiana follows a pure comparative negligence rule when it comes to cases with multiple at-fault parties, you could still file apersonal injury claim if you were partly at fault. However, you won’t be able to recover the full amount you are seeking in financial compensation for your damages. Instead, your award will be reduced by your percentage of fault.
For example, say you were injured after slipping and falling on an unmarked wet floor in a grocery store, but the property owner claims you were texting on your phone and not paying attention to where you were walking. If the insurance adjuster agrees that this is what happened, they may decide that you were 30% at fault for the accident, and the property owner was 70% to blame. As a result, the total amount you are seeking in damages would be reduced by 30%. While this may not seem significant, it could translate to thousands of dollars, depending on the details of your case.
It is important that you work with an experienced attorney after any slip, trip, and fall accident. At Mike Slocumb Law Firm, we can protect your rights and fight back against the property owner and/or insurance company’s efforts to underpay or deny your claim. We are known for our aggressive approach to litigation, an approach that has helped our firm recover more than $500 million in compensation for our clients.