Slip and fall accidents are more common than you might think. In fact, they’re the leading cause of non-fatal injuries in the United States, with millions of cases reported every year. While these accidents may seem minor, they can lead to severe injuries, including broken bones, traumatic brain injuries, and even fatalities.

If you’ve suffered a slip and fall accident in Louisiana, understanding the legal concept of premises liability is crucial in seeking compensation for your injuries and losses. As a personal injury attorney with over 30 years of experience serving clients in Lafayette, Louisiana, and Houston, Texas, I, Bart Bernard, have witnessed the physical, emotional, and financial toll these accidents can take on victims. This blog post will delve into the intricacies of premises liability law in Louisiana, providing you with a comprehensive understanding of your rights and how to pursue a successful claim.

Understanding Premises Liability

Premises liability law in Louisiana holds property owners responsible for maintaining a safe environment for visitors. If you’re injured on someone else’s property due to their negligence in maintaining the premises, you may be able to file a premises liability claim.

Key Elements of a Premises Liability Claim:

To establish a successful premises liability claim in Louisiana, you need to prove the following elements:

1. The property owner owed you a duty of care: Property owners have a legal obligation to keep their premises reasonably safe for visitors. The level of duty owed may vary depending on the type of visitor (e.g., invitee, licensee, trespasser).
2. The property owner breached their duty of care: This means the property owner failed to take reasonable steps to prevent hazards or warn visitors of potential dangers.
3. The property owner’s breach caused your injuries: You must demonstrate a direct link between the property owner’s negligence and your injuries.
4. You suffered damages as a result of your injuries: This includes medical expenses, lost wages, pain and suffering, and other related losses.

Common Causes of Slip and Fall Accidents in Louisiana

Slip and fall accidents can occur due to a variety of hazardous conditions, including:

• Wet or slippery floors: Spills, leaks, or recently mopped floors can create a dangerous environment.
• Uneven or damaged surfaces: Cracks, potholes, or uneven flooring can cause trips and falls.
• Inadequate lighting: Poorly lit areas can obscure hazards and increase the risk of accidents.
• Cluttered walkways: Obstacles in walkways, such as boxes or merchandise, can create tripping hazards.
• Lack of handrails or guardrails: Stairs and elevated areas without proper handrails or guardrails can be dangerous.

Statistics on Slip and Fall Accidents in Louisiana

• According to the Centers for Disease Control and Prevention (CDC), falls are the leading cause of unintentional injury deaths in adults over the age of 65.
• In Louisiana, falls account for a significant portion of emergency room visits and hospitalizations.
• The National Floor Safety Institute (NFSI) reports that slip and falls account for over 1 million hospital emergency room visits each year.
• The average cost of a slip and fall injury claim is around $20,000, but the costs can be much higher depending on the severity of the injuries.

Comparative Negligence in Louisiana

Louisiana follows a comparative negligence system, which means that your compensation may be reduced if you are found to be partially at fault for the accident. For example, if you were texting while walking and didn’t notice a wet floor sign, you may be considered partially negligent. Your percentage of fault will be deducted from your total damages award.

The Importance of Seeking Legal Representation

Navigating a premises liability claim can be complex. Insurance companies often try to minimize payouts or deny claims altogether. An experienced personal injury attorney can:

• Investigate the accident: Gather evidence, interview witnesses, and consult with experts to build a strong case.
• Negotiate with insurance companies: Fight for a fair settlement that covers all your damages.
• Represent you in court: If a fair settlement cannot be reached, your attorney can litigate your case and advocate for your rights in court.

Don’t Let a Slip and Fall Derail Your Life

If you’ve been injured in a slip and fall accident in Louisiana, don’t hesitate to seek legal representation. With over 30 years of experience, Bart Bernard Injury Lawyers can help you navigate the complexities of premises liability law and fight for the compensation you deserve. Remember, the sooner you contact an attorney, the better your chances of preserving evidence and building a strong case. Don’t let a slip and fall derail your life. Contact us today for a free consultation