Slip and Fall

Proving Liability in Slip and Fall Cases

To win a slip or trip and fall case in Louisiana, the plaintiff must be able to prove that another person or business was responsible for the accident and injuries in one of two ways:

1. Did the property owner fail to recognize or remedy the hazard in a reasonable amount of time?  For example, the owner may have a spill to remain on the floor too long.
2. Did the owner or another party actually cause the accident in the first place?  For example, an employee might knowingly leave a hazardous obstacle in the way of patrons.

Typically, one of these theories must be proven if you are to successfully pursue a slip and fall case in Louisiana.

To prove negligence, the plaintiff will have to prove one or several conditions.

1. That the hazard existed long enough for the defendant to have constructive notice so that they could exercise reasonable care in remedying the problem;
2. The property owner didn’t have policies in place to ensure that hazards or dangerous conditions were regularly avoided; or
3. The hazard could have been made less dangerous by exercising reasonable care.