Although a simple slip and fall in a store or other public establishment may initially seem to be minor, slip and fall accidents can often result in serious injuries. Some of these injuries may be merely temporary, but others can be catastrophic and permanent in nature.
When you experience slip and fall injuries as a result of another’s negligence, an Alexandria slip and fall lawyer may be able to help you pursue compensation for the costs of your damages. A consultation with a dedicated personal injury attorney could help you learn more about your legal options.
Under Louisiana premises liability law, all landowners and occupants—including homeowners, commercial property owners, and even the owners of vacant lots or wooded areas—have a responsibility to exercise care and warn individuals of any hazards present on the property that could foreseeably lead to harm. As a result, property owners may be held liable in certain circumstances if a dangerous condition on their property leads to someone slipping, falling, and becoming injured.
In order to hold landowners liable for injuries occurring on their property, injury victims must prove that the landowners knew or should have known of the dangerous condition, that they failed to remedy or warn others of the condition, and that the victims had no reason to know of the condition and suffered harm as a result. An Alexandria slip and fall lawyer could help potential clients establish proof of all these prerequisite conditions.
The Louisiana state legislature enacted a specific statute that relates to liability of certain property owners for slip and fall accidents. Under Louisiana Revised Statutes §9:2800.6, injured individuals must prove the following conditions exist in order to hold business owners liable for accidents resulting from slip and fall accidents:
The absence of cleanup or safety procedures alone is not sufficient evidence of a failure by a merchant to exercise reasonable care. Constructive notice, as defined by state law, means that the cause of the slip and fall accident existed for long enough that the merchant in question would have found it if they were exercising reasonable care.
However, the presence of the merchant at or near the condition does not constitute constructive notice, unless the merchant knew or reasonably should have known of the condition. This law applies to all individuals whose business is to sell goods or merchandise at a fixed place of business, including stores, restaurants, and lobby areas of hotels, motels, or inns.
According to La. Civil Code §2323, the amount of compensation that injury victims are entitled to recover in slip and fall accidents or any type of personal injury claims depends on the degree of the victims’ fault. If injury victims were at fault to any degree for causing the accident that led to their injuries, they can still recover damages from other responsible parties.
However, their recovery would be decreased by an amount equal to the share of their own fault. Therefore, if injury victims are 10 percent at fault for the accident, then other parties who are at fault would be liable for only 90 percent of the victims’ damages. A knowledgeable slip and fall lawyer in Alexandria could provide further clarification about how much in damages a plaintiff could expect to receive.
When you are injured in a slip and fall accident, you may suffer serious injuries that impact your ability to work and support yourself for an indefinite period of time. If the negligence of others caused the accident that led to your injuries, you may be able to obtain compensation for your losses with the assistance of an Alexandria slip and fall lawyer.
Since you have a limited amount of time in which to pursue a personal injury claim, you should not hesitate to contact legal counsel at your earliest convenience following an accident that causes you harm. To get started on your case, call today.