Hills Daniels & Associates
Slip and Fall Accidents in Louisiana: Proving the Property Owner Was Negligent
Slip and fall accidents happen every day across Louisiana — in grocery stores, casinos, restaurants, parking lots, apartment complexes, and countless other properties. These accidents can cause serious injuries including broken bones, head trauma, spinal damage, and torn ligaments. But just because you fell on someone else's property doesn't automatically mean they are responsible.
To win a slip and fall claim in Louisiana, you have to prove that the property owner was negligent. That requires meeting a specific legal standard — and it's harder than most people realize without an experienced attorney in your corner.
Act Fast — Evidence Disappears Quickly
Surveillance footage at stores and businesses is typically overwritten within 24 to 72 hours. Wet floors are cleaned up. Hazards are repaired. The moment you are able, contact Hills Daniels & Associates so we can act immediately to preserve the evidence that proves your case.
What Is Premises Liability in Louisiana?
Premises liability is the area of law that holds property owners responsible for injuries that occur on their property due to unsafe conditions. In Louisiana, this is governed by Louisiana Civil Code Article 2317 and related statutes, which require property owners to maintain their premises in a reasonably safe condition for visitors.
The key word is reasonably. Property owners are not automatically responsible every time someone falls. The law requires you to prove specific elements of negligence to hold them liable.
What You Must Prove to Win a Slip and Fall Case
To successfully pursue a premises liability claim in Louisiana, your attorney must establish all four of the following elements:
1. The Defendant Owned or Controlled the Property
You must establish that the person or entity you are suing actually owned, leased, or had control over the property where you were injured. This sounds simple but can be complicated in places like shopping centers, apartment complexes, or properties managed by third parties.
2. A Dangerous Condition Existed
You must show that an unreasonably dangerous condition existed on the property — a wet floor without a warning sign, a broken step, uneven pavement, poor lighting, or a similar hazard. The condition must be one that a reasonable person would recognize as dangerous.
3. The Owner Knew or Should Have Known About the Hazard
This is often the most critical — and most contested — element. You must prove that the property owner either knew about the dangerous condition and failed to fix it, or that the condition existed long enough that they should have discovered it through reasonable inspection. This is called "constructive knowledge."
4. The Dangerous Condition Caused Your Injuries
You must show a direct connection between the dangerous condition and the injuries you suffered. Medical records, photographs, and expert testimony are all critical to establishing this link.
Louisiana's Comparative Fault Rule
Louisiana follows a pure comparative fault system. This means that even if you were partly responsible for your fall — for example, looking at your phone — you can still recover damages. However, your award will be reduced by your percentage of fault. Insurance companies frequently try to assign as much fault as possible to the victim to reduce what they pay. An attorney protects you from this tactic.
Common Locations Where Slip and Falls Happen in Louisiana
| Location | Common Hazards |
|---|---|
| Grocery stores & supermarkets | Wet floors, spilled liquids, freshly mopped surfaces without signage |
| Casinos & entertainment venues | Spilled drinks, poor lighting, uneven flooring in high-traffic areas |
| Restaurants & bars | Wet floors near entrances, grease on kitchen floors, uneven outdoor seating |
| Parking lots & garages | Potholes, poor lighting, cracked pavement, oil spills |
| Apartment complexes | Broken stairs, inadequate lighting in hallways, damaged walkways |
| Hotels & resorts | Wet pool areas, slippery lobby floors, broken furniture or fixtures |
| Retail stores | Items left in aisles, unstable shelving, wet entrances during rain |
What to Do Immediately After a Slip and Fall
- Report the accident to the property manager or store manager immediately and ask for a written incident report
- Photograph everything — the hazard, the surrounding area, any warning signs (or lack thereof), and your injuries
- Ask for the names and contact information of any witnesses
- Seek medical attention right away — even if you feel your injuries are minor
- Keep the shoes and clothing you were wearing — they can be evidence
- Do not give a recorded statement to the property owner's insurance company
- Do not post about the accident on social media
- Contact a personal injury attorney as soon as possible
Do Not Sign Anything at the Scene
Property owners and their managers sometimes ask injured visitors to sign incident reports or other documents immediately after a fall. Do not sign anything without first speaking to an attorney. Some documents may contain language that waives your rights or limits your ability to make a claim.
Why Slip and Fall Cases Are Hard to Win Without an Attorney
Insurance companies defending slip and fall claims are experienced and aggressive. Their most common defenses include arguing that the hazard was "open and obvious," that the condition didn't exist long enough for the owner to know about it, or that you were responsible for your own fall. Without an attorney who knows how to gather and present evidence, these arguments can be difficult to overcome.
At Hills Daniels & Associates, we know exactly what evidence is needed to prove a premises liability case — and we move fast to get it before it disappears.
We Handle Everything From Day One
From sending legal preservation letters to businesses to obtaining surveillance footage, interviewing witnesses, and building a complete picture of your injuries and damages — we do it all so you can focus on recovering. Your consultation is always free and you pay nothing unless we win.
Injured in a Slip and Fall in Louisiana? We Can Help.
At Hills Daniels & Associates, we handle slip and fall and premises liability cases across Louisiana every day.
Our consultations are always free, and we never charge a fee unless we win your case. Call us today at (504) 641-0016 or fill out the form on this page to get started.
Injured on Someone Else's Property? We Can Help.
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