Slip-and-fall and trip-and-fall accidents happen in grocery stores, parking lots, apartment complexes, restaurants, and private homes. The question everyone asks afterward is the same: is the property owner responsible? In Louisiana, the answer depends on several factors — what condition caused the fall, whether the owner knew or should have known about it, and what you were doing on the property. Here is how Louisiana premises liability law works and what matters most when you have been hurt on someone else's property.
The duty Louisiana law places on property owners
Louisiana Civil Code Article 2317 and 2317.1 govern liability for things in one's custody. For slip-and-fall cases specifically, Louisiana Revised Statute 9:2800.6 sets the standard for merchants — which courts have extended in spirit to most commercial premises. Under that statute, a merchant must exercise reasonable care to keep the premises free of hazardous conditions. To recover, an injured person must show three things: a condition existed that presented an unreasonable risk of harm; the merchant either created the condition, knew of it, or should have known of it; and the merchant failed to act on that knowledge.
For non-merchant private property, the analysis is similar but rooted in general tort law: the owner breached a duty of care owed to the visitor, and that breach caused the injury. The category of visitor matters — an invitee (someone invited onto the property for business purposes) is owed a higher duty than a trespasser.
What you need to prove — and what the defense will argue
The hardest element in most premises liability cases is proving the owner knew or should have known about the hazard. Property owners routinely argue that the condition appeared suddenly, that they had no opportunity to clean it up, or that the hazard was open and obvious and should have been avoided. Louisiana courts have addressed these arguments in detail.
The "open and obvious" defense does not automatically defeat a claim. Even an obvious hazard can create liability if the owner had reason to know that people would encounter it and proceed anyway — think of a parking lot with a known uneven surface that is the only path from the lot to the entrance. Comparative fault principles also apply: if you were partially responsible for the fall, your recovery is reduced in proportion to your fault, but not eliminated unless you were more than 50 percent at fault under Louisiana's comparative fault rules.
Evidence that supports your claim includes: surveillance video (request this immediately — retention periods are short, often 24 to 72 hours), incident reports filed at the time of the fall, photographs of the hazard and the location, prior complaints about the same condition, and medical records connecting your injuries to the fall. Each of these is harder to obtain the longer you wait.
The two-year clock
Premises liability claims in Louisiana are subject to the two-year prescriptive period that governs most personal injury claims. The clock typically begins running on the date of the fall. Missing it means losing the right to recover regardless of how strong the case is. Two years moves faster than most people expect when injuries require surgery, extended treatment, and time away from work. Getting counsel involved early ensures the deadline is protected while medical treatment continues.
Injuries that often result from falls
Premises liability injuries range from fractures and soft-tissue tears to head injuries and spinal trauma. Hip fractures are particularly serious for older adults. Knee and ankle injuries from twisting falls can require surgery and months of rehabilitation. Head injuries from falls on hard surfaces can produce symptoms that are not obvious at the scene but worsen significantly over days. Documenting all injuries — including those that emerge or worsen after the initial visit — is essential for a complete claim.
What to do immediately after a fall on someone else's property
Report the incident to the property owner or manager before leaving, and request that a written incident report be prepared. Photograph the hazard from multiple angles along with the surrounding area so that context is preserved. Get the names and contact information of anyone who witnessed the fall. Seek medical attention the same day even if you feel you can manage — delays in treatment are used by insurance carriers to minimize injuries. Save the shoes and clothing you were wearing; footwear condition is sometimes raised as a defense.
Do not give a recorded statement to the property owner's insurance carrier before speaking with an attorney. Recorded statements taken in the days after an injury are used to lock you into positions before you know the full extent of your injuries or the strength of your claim.
When it makes sense to call an attorney
Not every fall requires a lawyer, but any fall that produces injuries significant enough to require medical care, missed work, or surgery almost certainly does. Property owners and their insurance carriers are experienced at defending these claims. They know the legal standards, they know the deadlines, and they know the value of moving quickly. An experienced premises liability attorney on your side levels that playing field.
My practice handles premises liability cases throughout Louisiana. If you were hurt on someone else's property and you want a direct conversation about what happened and whether you have a claim, call 318-222-4444 or use the contact form. There is no fee unless we recover for you.