In order to prove a slip and fall claim, you will likely need to show that the property owner was negligent regarding their duty to maintain the safety of their property. A successful slip and fall claim may show:
- The property owner (or other liable parties) created or knew about a physical hazard or dangerous situation on the property but failed to address it, leading to your slip and fall.
- The owner should have reasonably known about the physical hazard or dangerous situation on the property and taken steps to correct it promptly. Because they did not, it led to your slip and fall.
It is important to note that factors unique to each slip and fall case can affect the outcome of your claim or lawsuit. An attorney can look at your accident’s specific details and advise you further on how the law applies to your case.
When a Property Owner Is Liable for a Slip and Fall Accident
Premises liability law in Louisiana requires property owners to maintain a safe space for their visitors. This includes fixing any hazards in an appropriate time frame. If that is not possible, the property owners are typically responsible for warning visitors about the unsafe conditions on the premises.
Filing a Premises Liability Claim
If a property owner does not remove or warn of an unreasonably dangerous condition or situation, and someone slips and falls as a result, the owner could face a premises liability claim from the accident victim.
However, the burden of proving who is liable for the accident falls on the person seeking to recover damages. Injured claimants or plaintiffs generally must prove three elements to establish that negligence led to their slip and fall accident:
- They must prove an unreasonable danger was on the property at the time of their slip and fall.
- They must show that the property owner either created, knew about, or should have known about the danger.
- They must show that they suffered damages from an accident caused by the property owner’s failure to protect them from or prevent the unreasonable danger.
The Statute of Limitations in Louisiana
If you plan to seek legal action for your slip and fall, keep in mind that the clock starts ticking from the accident date. Under Louisiana Civil Code §3492, you generally have one year from that date to submit a personal injury lawsuit.
If you share some responsibility for your accident, you can still pursue financial recovery, but your settlement will be reduced by your percentage of fault, per CC §2323.
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Evidence You May Need to Prove a Slip and Fall Claim
Any of the following types of evidence may be used to prove a slip and fall claim:
- Photos or videos of where your slip and fall occurred: the images you take with your camera, video camera, or cellphone should reflect the site where you fell and show what hazard was on the property that contributed to your slip and fall. An attorney may also be able to obtain security footage from a surveillance camera that could show how your accident occurred.
- Photos or videos of your injury: visual documentation of your injuries can help prove the extent to which you were hurt.
- Medical bills, medical records: along with the photos, medical bills and medical records can show the extent of your injuries, and they can also show the expenses you paid or will have to pay for your medical treatment.
- Proof of lost or reduced income: if you had to take time off from work to recover from your accident, you might have lost wages, salary, or benefits. This lost income may be recoverable under a slip and fall claim or lawsuit.
- Witness testimony: if you have statements from people who saw your accident occur, this can also support your claim or lawsuit. Make sure to have their contact information in case your lawyer needs to get further information from them to support your case.
If you work with a lawyer, they can gather the evidence in your case for you.
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How Laborde Earles Injury Lawyers Can Help You
An attorney in our Lafayette office can review the details of your slip and fall accident case and advise you of your legal options and possible damages. We can take care of all of the required paperwork, including filing your case on time with the civil court. We can also negotiate with insurers and the opposing parties’ legal representation on your behalf. Call us today at (337) 777-7777 for a free consultation with a member of our team.
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