New Orleans Slip & Fall Accident Attorneys

How Do You Prove a Property Owner Knew About a Dangerous Condition?

To win a slip and fall case, you must prove the property owner knew or should have known about the danger. Actual notice means the owner directly caused the hazard or saw it happen, while constructive notice means the hazard existed for a long enough period that a reasonable owner would have discovered and fixed it.

Our attorneys are well-versed in premises liability laws to track down surveillance footage, incident reports, employee statements, and daily inspection logs that show how long the danger was present. We can also send preservation letters to stop businesses from destroying camera footage or maintenance records that may support your claim.

Understanding Louisiana’s Merchant Liability Statute

The Louisiana Merchant Liability Statute sets strict rules for lawsuits against retail stores and restaurants. The plaintiff must prove that the hazardous condition presented an unreasonable risk of harm. They must also prove the merchant either created the condition or had actual or constructive notice of it prior to the accident.

Proving constructive notice under this statute requires showing the hazard existed for a specific period of time. Our legal team deeply understands how to navigate these complex requirements. We can gather the facts to demonstrate that the merchant failed to exercise reasonable care in keeping their aisles and walkways safe.

How Modified Comparative Fault Laws Impact Slip & Fall Accident Claims

Louisiana follows a modified comparative fault rule, meaning you can still recover compensation for your injuries if you were partially responsible for the accident. However, if your fault is 51% or more, you cannot seek damages at all.     

The total amount of compensation will be reduced by your share of the fault. For example, if you’re 20% at fault for an accident totaling $50,000 in damages, you may only recover $40,000. 

Insurance adjusters often try to avoid liability through victim-blaming, such as claiming you were distracted by your phone or ignored obvious warning signs. Our lawyers push back against these unfair tactics by presenting clear evidence of negligence. 

How Long Do I Have to File a Slip & Fall Accident Claim?

You only have a short window of time to file a claim after a slip-and-fall accident. Waiting too long or missing this deadline can eliminate your right to seek financial compensation for your injuries. We understand that recovering from a serious injury is exhausting. Our advocates can help you prepare the necessary paperwork and stay on top of these deadlines so you can spend more time focusing on your recovery. 

Our Trial-Ready Approach to Investigating Property Hazards

Securing the Accident Scene

We move quickly to secure the scene and document the conditions that caused your injury before time-sensitive evidence disappears. 

Demanding Video Evidence

Many properties have security cameras that capture the accident on tape. We take decisive action to prevent owners from erasing or hiding critical surveillance footage.

Consulting Industry Specialists

We collaborate with accident reconstructionists, building safety experts, and other industry professionals to prove violations involving building codes or safety regulations.

Preparing Every Case for Trial

Our dedicated trial attorneys prepare for court from the outset, so insurance companies know that we are prepared to go the distance for the full settlement you deserve.