The law requires all New Orleans merchants to keep the aisles and floors of their businesses in a reasonably safe condition. This includes taking the proper precautions to ensure that a patron is unlikely to slip or trip while using the property.
If you have fallen and want to pursue a personal injury lawsuit against the business, you must prove that the merchant did not comply with the requirement to keep the property reasonably safe. To establish a business’s liability, Section 9:2800.6 of the Louisiana Revised Statutes requires the injured party to prove the following:
(1) The condition that led to the fall presented an unreasonable risk of harm to the injured person;
(2) The harm was reasonably foreseeable by the merchant;
(3) Prior to the injured party’s harm, the merchant either created or had actual or constructive notice of the condition which caused the harm;
(4) The merchant failed to exercise the reasonable care required to ensure that the premises are kept in a safe condition.
When analyzing whether a personal injury lawsuit may be successfully pursued, it is helpful to consult with an experienced personal injury attorney who will explore each of these factors. Questions regarding the cause of the fall, the creation of the harmful condition, and whether the store’s staff was aware of the condition must all be examined when proceeding against a merchant.
If you fell in a store and have any questions regarding this topic, please feel free to call our office at 504-581-6411 or 855-GERTLER. We would be happy to help you.