How to Prove Negligence in a Slip and Fall Case in New Orleans, Louisiana

One bad step can change everything—but proving fault isn’t as simple as it sounds.

Slip and fall cases aren’t just about clumsy moments—they’re about whether the property owner allowed a dangerous condition to exist. If you’re hurt, you need more than sympathy; you need proof. Louisiana law won’t automatically side with you just because you fell. You’ll have to build your case with facts, not just frustration. Here's how the law sees it—and what you’ll need to win.

What Is a Slip and Fall Claim?

A slip and fall claim is a type of personal injury lawsuit that comes up when someone is hurt on someone else’s property because of a dangerous condition—think wet floors, broken steps, or poor lighting.

These claims happen everywhere: stores, homes, sidewalks, parking lots, and offices. What matters is whether the owner of that property failed to keep it reasonably safe.

To have a valid fall claim in Louisiana, the injured party has to prove that the property owner's negligence caused the accident. That means more than just showing you fell—it means showing they failed in their legal responsibility to fix or warn about the danger.

Elements of a Strong Slip and Fall Case

A strong fall accident case comes down to documentation and clarity. Here’s what supports a solid personal injury lawsuit in Louisiana:

• Proof the property owner was negligent – You need to show they didn’t do what a reasonable person would have done to prevent the fall.

• Documentation of injuries and losses – This includes medical bills, lost wages, and proof of physical pain or emotional distress.

• Clear evidence of what caused the fall – Photos of the accident scene, medical records, and incident reports matter.

• Witness testimony - If someone saw the fall or can confirm that the hazard existed, their statement can help establish liability.

Without these, you’re going to have a tough time convincing an insurance company—or a jury—that the owner failed in their legal duty.

Proving Negligence in Slip and Fall Cases

To win a slip and fall case in Louisiana, you must prove that the property owner didn’t exercise reasonable care in keeping their property safe.

That means one of two things:

1. The owner knew or should have known about the hazard and didn’t fix it. 

2. The hazard was an unreasonable risk of harm that wasn’t obvious or immediately apparent to you, the injured party.

You also have to prove the property owner’s failure directly caused your injuries. In other words, you wouldn’t be dealing with medical expenses, missed work, or physical pain if the owner had done their job.

Commercial Property Liability

Commercial property owners—think grocery stores, restaurants, and malls—owe a higher duty of care to customers than private homeowners.

Under La. R.S. § 9:2800.6, a business owner can be held liable for a slip and fall accident if:

• There was a dangerous condition on the property (wet floor, broken tile, loose handrail).

• The condition posed an unreasonable risk of harm.

• The owner either created the condition, knew about it, or should have known about it in time to fix or warn about it.

Businesses must also provide warning signs for temporary hazards, like freshly mopped floors. If no sign was present, and the floor was slick, that can be used to prove negligence.

Louisiana Standards for Slip and Fall Cases

Louisiana applies a comparative negligence standard under Civil Code Article 2323. This means if you’re found partly at fault—for example, if you were looking at your phone instead of watching your step—your compensation can be reduced.

For example:

• If a jury finds you 20% responsible, and your total damages are $100,000, you’ll only receive $80,000.

• If you’re found 100% responsible, you get nothing.

There’s also a two-year statute of limitations under La. C.C. Art. 3492, which means you must file your fall claim within one year of the accident. Wait too long, and the court won’t hear your case—no matter how strong it is.

The Merchant Liability Statute

If your fall happened in a store or any business open to the public (called a "merchant" under Louisiana law), you have to meet some extra requirements under La. R.S. §9:2800.6).

B.  In a negligence claim brought against a merchant by a person lawfully on the merchant's premises for damages as a result of an injury, death, or loss sustained because of a fall due to a condition existing in or on a merchant's premises, the claimant shall have the burden of proving, in addition to all other elements of his cause of action, all of the following:

(1)  The condition presented an unreasonable risk of harm to the claimant and that risk of harm was reasonably foreseeable.

(2)  The merchant either created or had actual or constructive notice of the condition which caused the damage, prior to the occurrence.

(3)  The merchant failed to exercise reasonable care.  In determining reasonable care, the absence of a written or verbal uniform cleanup or safety procedure is insufficient, alone, to prove failure to exercise reasonable care.

To win a claim against a merchant, you have to prove three things, in addition to showing you were injured:

1. The condition created an unreasonable risk of harm that was reasonably foreseeable (the danger wasn’t a freak accident).

2. The merchant either created the hazard or had actual or constructive notice that it was there before the fall happened.

3. The merchant failed to use reasonable care to fix it, warn about it, or block off the area.

It's not enough to say the store didn’t have a cleanup policy in writing. That alone doesn’t prove they were careless. You need more—photos, videos, time logs, employee testimony, etc.

Actual or Constructive Notice

One of the hardest things to prove in a fall accident case is notice—whether the merchant actually knew or should have known about the dangerous condition.

Actual notice means someone at the business literally knew the hazard was there. For example, if a worker saw a spill and ignored it, that’s actual notice.

Constructive notice is tougher. According to the law, it means the hazard existed long enough that the merchant should have discovered it if they were being reasonably careful.

Under La. R.S. §9:2800.6(C)(1):

“Constructive notice” means the claimant has proven that the condition existed for such a period of time that it would have been discovered if the merchant had exercised reasonable care.

Important note: Just having a worker near the hazard is not enough. You must also show that the worker saw it or should have seen it.

In many cases, proving constructive notice requires digging through records in discovery—like surveillance footage or prior customer complaints. If the store had similar fall claims involving the same hazard, that can support your case.

The "Open and Obvious" Defense

One common argument used by businesses is that the hazard was open and obvious—meaning any reasonable person would have seen it and avoided it.

For example, if a bright red puddle of tomato sauce is in the middle of a white grocery aisle, the store may claim it was clearly visible. They’ll argue it was your fault for not seeing it.

This defense doesn’t always win, but it can hurt your case if the danger was out in the open and easy to avoid. A judge or jury will ask: Would a reasonable person have noticed it in time to avoid getting hurt?

Common Causes of Slip and Falls

Hazardous Conditions

Slip and fall accidents don’t happen out of nowhere. Most are caused by poor property maintenance or failure to fix obvious hazards. Some of the most common problems include:

• Wet floors and surfaces – from leaks, spills, or mopping without warning signs

• Uneven surfaces – cracked pavement, loose tiles, or broken stairs

• Poor lighting – especially in stairwells, parking lots, or hallways

• Obstacles in walkways – extension cords, boxes, or clutter

• Failure to maintain equipment – escalators, elevators, or floor mats

If these conditions aren’t fixed or properly marked, the property owner may be responsible.

Injuries and Damages in Slip and Fall Cases

Types of Injuries

Slip and fall injuries range from minor to life-changing. What you can recover in your fall claim depends on the extent of your injuries and how they’ve impacted your life.

Common injuries include:

• Broken bones and fractures – hips, wrists, ankles, or ribs

• Head and spinal injuries – which may cause long-term effects or disability

• Soft tissue damage – like sprains, strains, or torn ligaments

• Cuts and bruises – especially in falls involving glass, sharp edges, or rough surfaces

• Emotional distress – anxiety, depression, or PTSD following a traumatic fall

You may be able to recover damages for medical bills, lost wages, pain and suffering, and any permanent injuries.

Comparative Negligence

Louisiana uses the comparative negligence system under Civil Code Article 2323. This means that if you’re partly at fault for your fall, your compensation can be reduced by your percentage of blame.

Let’s say you slipped on a wet floor in a store but were looking at your phone when it happened. If a judge finds you 30% responsible for not paying attention, you’ll only be able to recover 70% of your damages. That includes your medical expenses, lost wages, and other losses.

Shared responsibility doesn’t mean you’re out of luck. It just means your payout depends on how much the fall was your fault versus the property owner’s failure to fix a dangerous condition. Even if you’re mostly careful, the other side may try to shift blame—so be prepared.

Immediate Actions to Take After a Slip and Fall Accident

If you’re hurt in a fall accident, what you do in the next few hours can make or break your personal injury claim. Here's what you need to do:

1. Seek medical attention immediately – Don’t wait. Even minor injuries like sprains or head trauma can turn serious. Your medical records are key to proving your case.

2. Report the accident – Tell the property owner or manager what happened and ask them to make a written report.

3. Take photos and videos – Capture the accident scene, any hazardous conditions, your visible injuries, and what you were wearing (it could matter).

4. Get witness info – Names, numbers, and statements from anyone who saw the accident or the hazard can help later.

5. Call a lawyer – A good fall attorney can help you deal with the insurance company, preserve evidence, and fight back if blame is unfairly placed on you.

Don’t wait for the property owner or insurer to do the right thing. Protect yourself early.

Time Limit for Filing a Slip and Fall Claim

In Louisiana, the statute of limitations for a slip and fall claim is now two years—but only for accidents that happen on or after July 1, 2024 (under the revised La. C.C. Art. 3492). If your fall accident happened before that date, you still only have one year.

Miss the deadline, and your right to recover damages is gone—no matter how serious your injuries are or how clear the property owner's negligence is.

Don't put this off. If you’re unsure about your deadline, a free consultation with a lawyer can clear things up fast.

Role of a Lawyer in a Slip and Fall Case

Slip and fall cases aren’t always straightforward—especially when comparative negligence or hard-to-prove conditions like constructive notice are involved.

A lawyer can:

• Explain the legal process and your options without pressure

• Help you collect key evidence like witness statements, maintenance records, and video footage

• Handle settlement negotiations with the insurance company, so you don’t get shortchanged

• Go to court if the other side won’t play fair

• Offer a free consultation so you can ask questions without committing to anything

The insurance adjuster has a team behind them. You should too.

Assessing the Value of a Slip and Fall Case

No two personal injury cases are the same. The value of your fall accident case depends on a mix of legal and practical factors, including:

• The severity of your injuries (permanent injuries are worth more than temporary ones)

• The degree of the property owner's failure to exercise reasonable care

• The amount of your medical bills, lost income, and out-of-pocket costs

• How much the accident has disrupted your daily life, job, or mental health

• Whether your evidence—like photos, records, or witness statements—is strong enough to prove negligence

You don't need to guess what your case is worth. A lawyer can review your records and give you a clear estimate—before you sign anything with the insurance company.

Blame Comes Fast After a Fall—Be Ready to Push Back

Slip and fall cases in Louisiana hinge on more than just showing you got hurt. The law expects you to prove how the accident happened, why it happened, and what the property owner failed to do. And if it happened at a business, the burden is even higher. 

At Burnham Law Firm, we know the difference between a clumsy accident and a claim with legal weight—and how to prove it. If you're dealing with medical bills, missed work, or pressure from an insurance company, don't guess your way through the legal process. Know what you’re up against and protect your right to recover.

Because in a fall case, what you don’t know can cost you everything.