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When can I sue a business owner for a slip and fall on their property?

On Behalf of | Sep 17, 2021 | Personal Injury |

If you suffer a slip and fall accident, the consequences can be devastating. You might have medical bills to pay and missed days or weeks of work while you recover. You may have property damage if something you were holding broke in the fall. You may have loss of companionship and pain and suffering that you deserve compensation for as well. When is it appropriate to sue the owner of the property where your accident occurred?

Louisiana’s premises liability statute

In a typical personal injury lawsuit, your attorney must show that the party responsible owed a certain duty, or legal responsibility, to you. They must also show that the responsible party violated that duty, that you suffered an injury, and that your injury was the cause of the responsible party’s violation of their duty.

The Louisiana legislature has established that the owner of a store, restaurant or other premises open to the public has a duty to their customers. This duty includes the responsibility to keep aisles and floors in a reasonably safe condition, and free of things that could cause harm.

What you have to prove

In order to be successful in a lawsuit against the property owner of the place where you fell, your attorney will have to prove a few specific factors.

First, they will have to show that the condition that caused your injury (a puddle, an unsafe railing, uneven stairs and so forth) was dangerous, and that the danger was foreseeable. Next, that the owner either created the condition or should have known about it. Lastly, that the owner failed to take steps to make the condition safer for customers.

If you are able to bring a successful lawsuit against the property owner, you might be able to recover what you need to cover all of your medical costs and get back on your feet.