Louisiana Slip and Fall Accident Attorneys
Representing Plaintiffs and Defendants in Premises Liability CasesSlip and fall accidents are a leading cause of serious injury in the state of Louisiana and can result in thousands of dollars in medical bills and other damages. While injured victims often have the right to seek compensation for their losses, companies and other defendants also have the right to defend against wrongful claims.
Louisiana slip and fall cases can be complicated, and fault can often be disputed. If you or someone you love has been injured in a slip and fall accident, you need an experienced Louisiana slip and fall lawyer on your side representing you every step of the way. An experienced attorney can discuss the facts and circumstances of your individual case with you, can fight any liability disputes raised by the insurance company, can negotiate with the insurance company on your behalf, and, if necessary, can file suit on your behalf and advocate for you in court. On the other hand, if you have been accused of negligence that resulted in a slip and fall accident and injuries, you should not hesitate to seek qualified defense representation. Hudson, Potts & Bernstein have skilled attorneys who regularly represent defendants and their insurance companies in premises liability cases, as well.
Statute of LimitationsA statute of limitations deadline is the cutoff date for filing a claim or lawsuit in a particular matter. Louisiana slip and fall cases fall under the umbrella of personal injury law, and the statute of limitations deadline for a Louisiana slip and fall case is generally one year from the date of the accident or injury. If a claim or lawsuit is not filed within that one-year time period, absent some extremely limited exceptions, the injured plaintiff is forever barred from making a claim, filing a lawsuit, or seeking any type of monetary recovery for injuries and damages sustained in the accident.
Given the short statute of limitations period, it is essential that injured victims contact an experienced Louisiana slip and fall lawyer as soon as possible after sustaining injuries. An experienced attorney will be aware of all applicable deadlines and can ensure that all paperwork is filed in a timely manner. Furthermore, our attorneys will always examine any claims against you to see if the statute of limitations has expired - in which case, they can move to dismiss the claims against you.
Common Locations for Slip and Fall AccidentsSlip and fall accidents can occur almost anywhere—both indoors and outdoors. Some of the most common locations for Louisiana slip and fall accidents include the following:
- Grocery stores
- Restaurants and bars
- Parking lots
- Parking garages
- Multiple Responsible Parties
Unlike most run-of-the-mill car accident cases, Louisiana slip and fall cases may have multiple defendants, including individuals, corporations, or governmental entities, such as cities, counties, or local governments. It is important to note that when these defendants (or potential defendants) are involved in a premises liability or slip and fall case, different statutory time periods and notice deadlines may apply.
In order to be successful in a Louisiana premises liability case, the injured plaintiff is required to show that the defendant—whether it be an individual, governmental entity, or corporation—had timely knowledge of (or notice of) the defective condition or risk of harm on the premises, but failed to take prompt action to warn about it or correct it. The injured plaintiff must also show that the slip and fall accident resulted in certain injuries and damages, such as medical bills, lost wages, pain and suffering, emotional distress, and/or permanent damage.
Proving Negligence and Damages in Slip and Fall CasesIn Louisiana slip and fall cases, the injured plaintiff must demonstrate that the owner or occupier of the property owed a duty directly to the injured plaintiff – and that a breach of this duty proximately resulted in injuries and damages.
Duty of Care – This means that the owner or occupier of the property owed a legal duty to visitors on the premises, including the injured plaintiff. The extent of this legal duty depends upon the person’s reason for being on the premises at the time the slip and fall accident occurred. For example, a business invitee, such as a customer at a store—and who is on the premises for business purposes—is generally owed a higher duty of care than a guest on the premises or a trespasser.
Breach (or Violation) of the Duty of Care – This means that the premises owner or occupier violated the duty of care, such as by failing to clean up a puddle of water or spill on the floor in a timely manner or to repair a broken staircase, floor, or railing. In Louisiana, proving the store had knowledge of the hazard is paramount.
Causation – The injured plaintiff must show that the landowner or occupier’s breach of the applicable duty of care proximately resulted in certain injuries and damages.
Damages – Injuries resulting from slip and fall accidents can be very serious and may include fractures, broken bones, traumatic brain injuries (TBIs), or other long-term and potentially permanent impairments. Damages in Louisiana slip and fall cases may include payment of medical and physical therapy bills, lost wages, pain and suffering, emotional distress, mental anguish, loss of spousal support, and death benefits, if applicable.
A defendant or insurance company can defend against claims by demonstrating that no negligence occurred or that certain alleged damages did not result from the slip and fall accident, but rather, resulted from the plaintiff’s prior injuries or preexisting medical conditions, depending upon the circumstances.