When you visit a store or business, you have an expectation for your safety. No one anticipates sacrificing their safety upon entering an establishment. Unfortunately, that’s exactly what sometimes happens. Perhaps you slipped on a wet floor, or maybe an uneven surface caused you to lose your balance. No matter how you slipped and fell, the owner of the establishment has a responsibility to keep its invitees safe from harm.
Fortunately, the slip and fall injury lawyers from Mike Brandner Injury Attorneys have years of experience in slip and fall cases. Members of our 24/7 legal team are always available to hear about your situation. So, reach out to learn more about your possible slip and fall accident case.
What is a Slip and Fall Accident?
Slip and fall lawsuits are part of a branch of law called premises liability, and such lawsuits are battles between the invitee (the plaintiff) and the owner of the premises (the defendant). When an invitee (someone legally allowed on the establishment owner’s premises that usually, though not always, conducts business transactions) sets foot on a business owner’s property and slips and falls, a slip and fall accident has occurred.
The victim will then try to prove that the property owner/manager is directly responsible for their injuries. Conversely, the property owner/manager will try to show that they are not responsible for the plaintiff’s injuries.
Slip and fall accidents could be caused by many things, including the following:
- Overly polished surfaces
- Uneven ground
- Neglected spills/liquids
- Poor weather conditions
- Poorly fastened rugs or mats
- Garbage or loose debris left on the ground
- Loose, insecure, or otherwise absent handrails
- Loose or unmaintained floorboards
- Poor lighting conditions
- And, more.
If you suffer from a slip and fall accident caused by any of these conditions, you should contact Mike Brandner Injury Attorneys for a free consultation. We are always available to help with your slip and fall case. Slip and fall law can be exceedingly complex and you will want experience on your side to ensure success.
To win a slip and fall case, the plaintiff must fulfill their burden of proof and show that their injuries were caused by negligence on the part of the defendant. To do this, the plaintiff must meet some criteria:
- The plaintiff must show that the slip and fall accident and the resulting injuries were directly caused by a dangerous condition on the establishment owner’s premises, AND
- The plaintiff must prove that the defendant knew about the dangerous condition and did nothing about it, OR
- That the defendant should have known about the dangerous condition since any reasonable person would have discovered the condition and remedied it, OR
- The owner of the premises caused the dangerous condition that resulted in the slip and fall accident and the injuries.
In other words, the plaintiff must prove that 1) their injuries were caused by a dangerous condition on the owner’s premises, and that 2) the defendant knew about, should have known about, or caused the dangerous condition and did nothing to fix it.
Liability isn’t always black and white, though. For example, the presence of an employee or manager in a store does not alone mean they should have known about a dangerous condition. Similarly, slipping and falling on a slippery surface does not alone mean the establishment owner is responsible for your injuries. To more effectively navigate the complexities of slip and fall cases, contact Mike Brandner Injury Attorneys with all your slip and fall questions.
A few complexities one needs to keep in mind when pursuing a slip and fall case in Louisiana include the statute of limitations and comparative negligence laws. For those who don’t keep these legalities in mind at all times, contact Mike Brandner Injury Attorneys to get experience and skill on your side.
Statute of Limitations
As is common with many types of cases and in many states, Louisiana has a statute of limitations when it comes to slip and fall cases (and personal injury claims, in general). According to Louisiana Civil Code (CC) Article 3492:
Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage.
“Delictual actions” essentially means any action that intentionally or negligently results in harm or loss on the part of the defendant. Slip and fall accidents, then, fall under this category. And, according to the statute, the plaintiff must file their personal injury lawsuit no more than one year (with certain exceptions) after their injuries occurred.
Louisiana has comparative negligence laws that could affect the outcome of any slip and fall case. Comparative negligence means that when calculating compensation for the plaintiff, the negligence/wrongdoing of the defendant is considered as well as the negligence/wrongdoing of the plaintiff.
This means that if you as the plaintiff had any responsibility for your injuries, your compensation could be reduced. For example, if the defendant is only 90% responsible for your injuries, your compensation could be reduced by the 10% you were responsible for. So, as another example, if your medical bills and other awards come out to $10,000 but you were 20% responsible, the defendant will only pay you $8,000 in compensation.
Determining exactly who is responsible can be a tricky business. First, ask yourself if you were careless. Do any of the following scenarios apply to you?
- I was in an area that was off limits or otherwise not meant for me.
- I was distracted on my cell phone when I slipped and fell.
- A warning sign was clear and visible when I slipped and fell.
- I was being reckless.
- I wasn’t paying attention to my surroundings.
If any of the following apply to you, your slip and fall case may be more difficult to put together. Mike Brandner Injury Attorneys is here for you as your 24/7 injury attorneys. Contact us for a free consultation following any slip and fall accidents.
In a Slip and Fall Accident?
If you suffer from any slip and fall accidents, contact the professionals at Mike Brandner Injury Attorneys. Our lawyers work tirelessly for the compensation that you deserve. We know the law, and we’ll help you every step of the way.
Give us a call anytime at (504) 345-1111. Additionally, don’t forget to contact us online and check out our LiveChat feature. Consultations are 100% free, and we don’t collect any money until we win your case. Don’t wait; call Mike Brandner today!