All merchants in New Orleans are required by law to keep the aisles and floors of their businesses in a reasonably safe condition. This includes taking the proper precautions to ensure that slipping or tripping while on the property is unlikely to happen.
When a business is sued following a fall, the injured person must prove that the merchant did not comply with this requirement. 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.
In light of these requirements, it takes an experienced personal injury attorney to determine whether a case against a merchant is going to be successful. 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 explored when proceeding against a merchant.
If you fell in a store and have any questions regarding this topic, please feel free to call my office at 504-581-6411 or 877-581-6411. We would be happy to help you.