Slip and Fall Attorneys in Louisiana
Proving Negligence in "Merchant Liability" Cases
When you slip and fall in a grocery store, gas station, or restaurant, it is easy to assume the business is automatically responsible for your medical bills. Unfortunately, Louisiana law is not that simple.
In Louisiana, slip and fall cases are governed by a strict standard known as the Merchant Liability Statute (La. Rev. Stat. § 9:2800.6). To win a lawsuit, you cannot just prove that you fell; you must prove that the property owner was negligent.
At the Berniard Law Firm, we know exactly what evidence is required to meet this burden. We help injured clients prove that the business owner knew—or should have known—about the danger and failed to fix it.
The Burden of Proof: "Constructive Notice"
The biggest hurdle in any slip and fall case is proving Notice. Under Louisiana’s “Traditional Approach,” you must prove one of three things:
- Actual Knowledge: The owner or an employee saw the hazard (e.g., a spill) and ignored it.
- Creation: The owner or an employee created the hazard (e.g., mopping the floor without putting up a sign).
- Constructive Notice: The hazard existed for such a long period of time that the owner should have discovered it if they were exercising reasonable care.
The "Banana Peel" Test
o understand Constructive Notice, we look at the “temporal element”—how long the danger was there.
- Yellow Banana Peel: If a peel on the floor is fresh and yellow, it may have been dropped seconds ago. A court may rule the store didn’t have enough time to find it.
- Brown Banana Peel: If the peel is brown and gritty, it has likely been there for an hour. This proves the store was negligent in inspecting their aisles.
We use video evidence, witness testimony, and physical clues (like dried vs. wet liquids) to prove the dangerous condition existed long enough that it should have been cleaned up.
Duty of Care: Who is Protected?
Property owners owe different levels of “Reasonable Care” depending on why you were on the property:
- Invitees (Business Guests): If you are at a store to shop, the owner owes you the highest duty to make the premises safe and actively inspect for dangers.
- Licensees (Social Guests): If you are at a friend’s house, they must warn you of known hidden dangers.
- Trespassers: Owners generally owe no duty to unknown trespassers.
Damages: What You Can Recover
If we can prove the Defendant’s negligence, you are entitled to Compensatory Damages. The goal is to restore you, as much as possible, to the specific health and financial position you were in before the accident. This includes compensation for:
- Medical Expenses: ER visits, surgeries, and physical therapy.
- Lost Wages: Income lost while you were recovering.
- Loss of Earning Capacity: If your injuries prevent you from returning to your old job.
- Pain and Suffering: Damages for physical pain, emotional distress, and loss of enjoyment of life.
Contact Us for a Free Consultation
Slip and fall cases are won and lost on the evidence. If you do not secure security camera footage or witness statements quickly, they may disappear.
Call the Berniard Law Firm today at (504) 521-6000. We will listen to your story, evaluate the “Constructive Notice” in your case, and fight to get you the maximum compensation available.