Slip and Fall Lawsuit: Who is Responsible in Louisiana?

Slip and fall accidents can happen virtually anywhere, from public buildings to private homes. When people fall, it isn’t unusual for them to slam their heads on the ground or to land with full body weight on their arms. Common injuries include concussions, whiplash, fractures and head injuries. They might incur thousands of dollars in medical bills, all the while being unable to work.

Property owners owe a duty of care to visitors, and you might have the legal right to seek financial compensation. Contact Inzina Law Injury Attorneys today to speak with a Lafayette slip and fall lawyer. We have negotiated many Louisiana slip and fall cases and are eager to help you.

A Property Owner’s Duty to Visitors

Louisiana requires that property owners provide a safe environment when they invite people onto their premises. But the duties can depend on why you are on the property and who owns the property.

A premises owner will need to do more to protect an invitee, so stores must regularly inspect their aisles for hazards and promptly fix them or warn people of the hazard. If you were trespassing, then you aren’t entitled to such protection.

We can seek compensation for people who are injured in all types of buildings, including schools, universities, public buildings, private homes and businesses of all kinds. Do not hesitate to reach out to discuss a possible slip and fall accident lawsuit.

Why People Fall

People usually fall because there is a defect on the floor or ground, which causes them to lose their balance:

  • Loose floorboards or tiles
  • Trash
  • Boxes
  • Standing water
  • Condensation
  • Wet leaves
  • Cables crossing the floor

In some situations, the property owner created the hazard. That’s the case if they have power cables crisscrossing the floor. In other cases, a hazard arises naturally or by the creation of a third party, but the premises owner doesn’t fix it or notice it. They may still be responsible even if they did not create the hazard.

Who Can You Hold Responsible for a Louisiana Slip and Fall Accident?

The defendant will depend on who is responsible for the property. We have sued:

  • Private property owners. You might fall in someone’s home or yard. If a business owns their own store, then they are also private property owners.
  • Tenants/renters. If the person rents property, they still might be responsible for ensuring the premises are safe. This is often true of stores in shopping malls which lease their space.
  • Landlords. You might have been injured in a common area of an apartment building or mall. The landlord usually retains responsibility for these areas.
  • Property management companies. Some companies are hired to manage property for an absent owner. This company could be responsible for a slip and fall on the premises.
  • Government. A slip and fall that occurs inside a government-owned building is treated differently under the law, but the government is still responsible for maintaining a safe premises.

What to Do After a Slip and Fall Accident

You might be in such immediate pain that you can’t do anything but cry out for help. That’s perfectly understandable. But if you can move around, we recommend the following:

  1. Take a picture of whatever caused you to slip or trip. This is a critical step. We want to establish what the property looked like at the moment you fell. Take out your phone and get a few pictures of the puddle of water, loose tile, or debris on the floor.
  2. Talk to witnesses. They can establish the existence of hazards. Ask anyone who saw you fall for their name and phone number.
  3. Report the accident to the property owner. They should protect other people by addressing the hazard. You might also need to fill out an incident report if you fell inside a store.
  4. Get medical attention as soon as possible. Head and back injuries can slowly worsen over time. You will benefit from immediate treatment at the hospital.
  5. Refuse all settlement offers until you’ve met and discussed your case with a lawyer. An initial offer will probably be much too low.

Our firm is happy to discuss other steps to take that will bolster your case.

How Much Compensation Can You Receive in a Slip and Fall Lawsuit?

The objective in a personal injury claim is to obtain compensation for all the expenses you have suffered:

  • Medical treatment. You should not have to pay for doctor’s visits, diagnostic tests, surgery, pills or treatment.
  • Lost income or wages. Many slip and fall victims must take some time off from their jobs to recover. You should request money as compensation.
  • Property damage. You might have damaged property when you fell, in which case you can request compensation.

Slip and fall injuries can cause other intangible losses, including bodily pain, inconvenience, disfigurement, emotional distress and irritability. We can request financial compensation for “pain and suffering.” The amount you can receive will depend on various factors.

A limitation on any settlement is your comparative negligence. Louisiana Civil Code Article 2323 reduces your damages in proportion to your share of fault. The defendant might claim you weren’t watching where you walked, so you are partially to blame for slipping and falling. Comparative negligence can take a big bite out of your settlement, so we always address these allegations.

Speak with a Lafayette Slip and Fall Lawyer

If you were injured after a fall on someone’s property, you could have a slip and fall claim against the property owner. At Inzina Law Injury Attorneys, we first seek to resolve the claim out of court, but we are prepared to file a lawsuit on your behalf if a fair settlement cannot be reached. We are eager to learn more about your accident. If hired, we can help document the hazard or premises where you were hurt.

Contact us today. A personal injury lawyer can meet for a free consultation without any risk or obligation to you.

Inzina Law Injury Attorneys

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