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Premises liability cases include slip-and-fall and trip-and-fall injuries in stores and restaurants, falls caused by broken stairs or poor lighting, injuries from falling merchandise, dog bites, swimming pool accidents and injuries caused by inadequate security.
Jacqueline Scott & Associates represents people injured on unsafe property in Shreveport, Bossier City and throughout Louisiana. One of the firm’s reported results is a $300,000 recovery in a premises liability case.
Call (318) 746-5997.
Make ’Em Pay.
What a Premises Liability Claim Requires
Being hurt on someone else’s property does not automatically mean the owner is responsible. In general, a Louisiana premises claim requires evidence that:
- the property had a defect or condition that created an unreasonable risk of harm;
- the owner or person with custody of the property knew or should have known about it;
- the harm could have been prevented with reasonable care; and
- the condition caused the injury.
Louisiana Civil Code articles 2317 and 2317.1 set out the general rules for damage caused by things in someone’s custody.
Slip-and-Fall Cases Against Stores and Restaurants
Louisiana has a specific statute for falls on a merchant’s premises, La. R.S. 9:2800.6. In those cases, the injured person generally must prove that:
- the condition presented an unreasonable risk of harm that was reasonably foreseeable;
- the merchant created the condition or had actual or constructive notice of it before the fall; and
- the merchant failed to exercise reasonable care.
Constructive notice generally means the condition existed long enough that the merchant would have discovered it with reasonable care. The presence of an employee nearby does not, by itself, prove notice.
Because the timing of a spill or hazard is so important in these cases, surveillance video and inspection logs can make or break the claim, and stores often keep video for only a short time.
Falls on Public Property
Claims involving sidewalks, public buildings and other property owned by a city, parish or state agency are governed by additional rules, including requirements about notice of the defect. These cases should be evaluated quickly.
Dog Bites
Under Louisiana Civil Code article 2321, a dog owner can be responsible for injuries the dog causes when the owner could have prevented the harm and the injured person did not provoke the dog. Dog bites can cause serious wounds, infections, scarring and lasting fear, particularly for children.
Other Premises Hazards
Premises cases can also involve:
- broken or uneven stairs and handrails;
- poor lighting in parking lots and stairwells;
- potholes and uneven pavement in parking areas;
- falling merchandise or shelving;
- hidden holes, loose mats and torn carpet;
- pool and water hazards; and
- inadequate security where a crime was reasonably foreseeable.
Evidence That Matters
- photographs of the exact hazard, taken as soon as possible;
- the shoes and clothing you were wearing;
- names of employees and witnesses;
- the incident report, if one was completed;
- surveillance video;
- inspection, sweep or maintenance logs;
- prior complaints or incidents; and
- prompt medical records.
Ask that an incident report be made, and do not assume the business will keep its video.
Comparative Fault
Property owners often argue that the injured person should have seen the hazard. For claims governed by Louisiana Civil Code article 2323 as amended effective January 1, 2026, a claimant found 51% or more at fault cannot recover damages, and a claimant below that threshold has the recovery reduced by his or her percentage of fault. See Louisiana’s 51% fault rule.
Deadlines
Louisiana Civil Code article 3493.1 generally provides a two-year period for delictual actions arising after July 1, 2024. Claims involving public entities and older incidents may involve different rules. See Louisiana’s two-year filing deadline.
Frequently Asked Questions
I slipped in a store. Do I have a case?
It depends on what caused the fall and whether the store created the hazard or knew or should have known about it. Video, inspection records and witnesses are often critical.
Should I sign the store’s incident report?
You can ask that a report be made and request a copy. Be accurate, do not guess about things you are unsure of, and be careful about signing statements prepared by someone else.
What if I was partly at fault?
Under the current comparative fault rule, you may still recover if your share of fault is below 51%, but your recovery is reduced by your percentage of fault.
Can I bring a claim for a dog bite?
Often, yes. Louisiana law can hold a dog’s owner responsible when the owner could have prevented the harm and the dog was not provoked.
Talk With a Louisiana Premises Liability Lawyer
If you were seriously hurt because of an unsafe property condition, call Jacqueline Scott & Associates at (318) 746-5997 for a free consultation.
Make ’Em Pay.
Every case is different. Results depend on the specific facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome. This page provides general educational information and is not legal advice.
This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.
