Premises Liability Cases We Handle
Premises liability is a broad area of personal injury law. A claim can arise inside a grocery store, outside an apartment building, at a restaurant, on a poorly maintained walkway, or on private property.
What matters is not simply where someone was injured. The condition that caused the injury and the responsibilities of the person or business controlling the property determine how the claim should be evaluated.
A slip or fall does not automatically mean a property owner was negligent.
In Louisiana, the circumstances surrounding the hazard matter. A wet floor that appeared moments before someone fell presents a different legal question from a recurring leak, broken stair, or damaged walkway that had gone unaddressed.
Potential hazards can include:
Spilled liquids
Wet or recently cleaned floors
Broken or uneven flooring
Damaged stairs or handrails
Uneven sidewalks
Poor lighting
Debris in walking areas
Loose mats or carpeting
Potholes or damaged parking areas
Unmarked changes in elevation
When a fall happens at a merchant such as a store, restaurant, or similar business, Louisiana Revised Statute 9:2800.6 places a specific burden on the injured person. Among other requirements, the claimant must establish that the condition created an unreasonable and reasonably foreseeable risk of harm and that the merchant either created the condition or had actual or constructive notice of it before the accident.
That makes notice one of the most important issues in many Louisiana slip and fall cases.
Surveillance footage, inspection records, cleaning logs, incident reports, photographs, employee testimony, witnesses, and prior complaints can help establish what was happening on the property before someone was injured.
What Must Be Proven in a Louisiana Premises Liability Case?
Being injured on someone else's property is not enough by itself to establish liability.
The precise requirements depend on the type of property and the condition involved, but several questions commonly determine whether a claim can be established:
What dangerous condition caused the injury?
Who owned, occupied, managed, or controlled the area?
Did that person or business create the condition?
Did they know about it?
Should they reasonably have discovered it?
Was there enough time or opportunity to correct the danger or provide a warning?
Did the dangerous condition actually cause the injury?
Louisiana law expressly incorporates these concepts in several areas of premises liability. Civil Code Article 2317.1 focuses on knowledge of a defect and the failure to exercise reasonable care, while the merchant-liability statute imposes specific requirements for falls occurring on merchant premises.
The applicable rule therefore depends on what happened and where it happened.
Why Notice Matters in a Louisiana Slip and Fall Case
One of the most common questions after a fall is: How was I supposed to know the floor was dangerous?
Legally, another question can be just as important:
How long did the business know, or have reason to know, that the danger existed?
Louisiana's merchant-liability statute requires a claimant to establish that the merchant either created the dangerous condition or had actual or constructive notice before the injury. To establish constructive notice, the claimant must prove the condition existed for a period of time sufficient that the merchant would have discovered it through reasonable care.
The statute also makes clear that simply showing an employee was nearby is not enough by itself to prove constructive notice unless the employee knew or should have known about the condition.
That is why evidence about the period before the fall can matter so much.
Relevant evidence may include:
Surveillance footage
Inspection schedules
Cleaning logs
Maintenance records
Photographs
Incident reports
Employee statements
Witness accounts
Prior complaints about the same condition
Records of previous repairs
Some of this information may be controlled by the business or property owner, and video or other records may not be preserved indefinitely.
Who Can Be Responsible for an Unsafe Property?
The person or company whose name appears on the property deed is not necessarily the only party whose conduct matters.
Responsibility can depend on who had custody or control of the specific area and who was responsible for inspecting, repairing, maintaining, or operating it.
Depending on the circumstances, potentially responsible parties may include:
Property owners
Businesses occupying the property
Commercial tenants
Landlords
Apartment owners or operators
Property management companies
Maintenance contractors
Other contractors responsible for a dangerous condition
Dog owners
Government or public entities responsible for certain property
Claims involving public property can involve additional requirements. Louisiana Revised Statute 9:2800, for example, generally requires actual or constructive notice of the particular defect and a reasonable opportunity to remedy it in claims based on conditions within a public entity's care or custody.
Determining who controlled the area should therefore be part of the investigation rather than assumed from where the injury happened.
How Long Do You Have to File a Premises Liability Claim in Louisiana?
For many premises liability claims arising under current Louisiana law, the general two-year prescriptive period for delictual actions applies beginning on the date the injury or damage is sustained.
Louisiana Civil Code Article 3493.1 established that two-year period effective July 1, 2024. Accidents occurring before that change may be subject to a different deadline.
The legal deadline should not be confused with how long evidence remains available.
A spill may be cleaned immediately. A broken condition may be repaired. Surveillance footage may be overwritten. Employees may leave their jobs. Witnesses may become difficult to locate.
In premises liability cases, the evidence needed to establish the dangerous condition can disappear much sooner than the deadline to file a lawsuit.
What If You Were Partially Responsible for the Accident?
Property owners and insurers frequently argue that the injured person should have seen or avoided the dangerous condition.
Louisiana's comparative fault rules therefore can become important in premises liability cases.
For injuries governed by the law effective January 1, 2026, a person who is 51% or more at fault generally cannot recover damages. If the injured person's share of responsibility is less than 51%, recoverable damages are reduced by that percentage.
Whether a condition was visible does not automatically answer the fault question. Lighting, distractions created by the environment, the location and nature of the hazard, warnings, the person's reason for being in the area, and other circumstances can all matter when determining responsibility.
What Compensation Can Be Recovered After a Premises Injury?
There is no standard value for a slip and fall, dog bite, or other premises liability claim.
The amount that may be recoverable depends on the injury, treatment required, long-term effects, financial losses, available insurance or other resources, and the strength of the evidence establishing responsibility.
Depending on the circumstances, damages may include:
Medical expenses
Future medical treatment
Lost wages
Loss of future earning capacity
Physical pain and suffering
Mental and emotional suffering
Disability or physical limitations
Scarring or disfigurement
Rehabilitation and therapy
Loss of consortium
Other damages recognized under Louisiana law
A fall can cause fractures, head injuries, spinal injuries, torn ligaments, and other conditions requiring surgery or extensive rehabilitation. Dog attacks can create permanent scarring or nerve damage.
The seriousness of a premises liability claim should be evaluated based on the actual consequences of the injury, not simply the type of accident that caused it.
What to Do After an Injury on Someone Else's Property
Evidence can change particularly quickly after an accident involving unsafe property.
If you are able to do so safely:
Get medical attention. Your health comes first, and medical documentation can also establish when symptoms began.
Report the incident. Notify the business, property owner, manager, or other appropriate party and ask that the incident be documented.
Photograph the condition. If possible, document exactly what caused the injury before it is cleaned, repaired, moved, or changed.
Photograph the surrounding area. Lighting, warning signs, stairs, flooring, displays, weather conditions, and other surroundings can provide important context.
Identify witnesses. Obtain contact information from anyone who saw the accident or the dangerous condition.
Preserve clothing and footwear when relevant. They may become evidence if the condition of the surface or allegations about footwear later become disputed.
Keep relevant records. Save medical documents, receipts, photographs, communications, and other information connected to the injury.
Be cautious about guessing what caused the accident. You may not yet know how long the hazard existed or what the property owner knew about it.
When a business or property owner controls surveillance footage, inspection records, maintenance documentation, or other important evidence, addressing preservation early can become especially important.
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Every trial attorney on our team is trained to fight aggressively for your rights. Here's how our team will help throughout the legal process.
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Frequently Asked Questions About Premises Liability in Louisiana
Injured Because of an Unsafe Property Condition?
A fall, dog attack, or other injury on someone else's property does not automatically establish a claim. The condition that caused the injury, who controlled the property, what they knew about the danger, and the available evidence all matter.
Hair Shunnarah represents injured people throughout Louisiana. If you were hurt because of a dangerous property condition, we can evaluate what happened and explain the options available under Louisiana law.
Free consultation. No attorney fee unless we win your case.