Are Slip and Fall Cases Hard to Win in Louisiana? What You Need to Know

Slip and fall cases in Metairie, Louisiana and other areas of Louisiana can be difficult. The reason for this is that the claimant has the burden of proving, in addition to all the elements of the cause of action, all of the following:

• The condition presented an unreasonable risk of harm to the claimant and that risk of harm was reasonably foreseeable;

• The merchant either created or had actual or constructive notice of the condition which caused the damage, prior to the occurrence;

• The merchant failed to exercise reasonable care. In determining reasonable care, the absence of a written or verbal uniform cleanup or safety procedure is insufficient, alone, to prove failure to exercise reasonable care. La. R.S. 9:2800.6 B (1)-(3).

In most slip and fall cases, the difficulty comes in the claimant proving that the merchant created or had actual or constructive notice of the condition which caused the damage.

• Created means exactly what it says: the merchant created the condition which caused the damage (i.e., the merchant spilled a bunch of liquid in an aisle and the merchant did not exercise reasonable care in cleaning it up);

• Actual notice means that the merchant knew the condition which caused the damage (i.e., the merchant knew that a patron spilled a bunch of liquid in an aisle and the merchant did not exercise reasonable care in cleaning it up);

• Constructive notice means the claimant has proven that the condition existed for such a period of time that it would have been discovered if the merchant had exercised reasonable care.  The presence of an employee of the merchant in the vicinity in which the condition exists does not, alone, constitute constructive notice, unless it is shown that the employee knew, or in the exercise of reasonable care should have known, of the condition. La. R.S. 9:2800.6 C (1).

Because of the notice requirement, for most cases, a lawsuit will need to be filed. In addition, what usually happens is after the defendant’s counsel takes the deposition of the claimant, the defendant files a motion for summary judgment asking the Court to dismiss the case based on the claimant not being able to prove that the merchant had actual or constructive notice. However, there are ways to prove that the merchant had notice.

As such, if you or a loved one were involved in a slip and fall and have questions about your rights and your potential case, contact Godbey Giardina Law Group today. Our team is here to guide you through the legal landscape in Metairie, New Orleans, and other areas of Louisiana and protect your interests under Louisiana law.