SLIPS, TRIPS, AND FALLS ATTORNEY IN NEW ORLEANS, LOUISIANA

Slip, trip, and fall accidents are some of the most common incidents leading to personal injury claims. While they may sound minor, the consequences can range from minimal discomfort to severe, life-altering injuries.  

The legal team at Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC can proudly guide you through the personal injury process after you are hurt due to someone else's negligence. The firm proudly serves clients in New Orleans, Louisiana, and throughout Metairie, Mandeville, Slidell, and Chalmette. 

Understanding Slip, Trip, & Fall Accidents

Slip, trip, and fall accidents are common occurrences that can happen in various settings, from public sidewalks to private properties. They can result from a multitude of factors, each requiring careful consideration to prevent such incidents.  

The injuries from these accidents can be significant, highlighting the importance of skilled legal assistance to recover potential compensation. Here's a closer look at the cause behind some of these accidents: 

• Wet floors: Spills or recently mopped areas without proper signage can lead to slips. 

• Uneven surfaces: Cracks, potholes, or uneven flooring can catch individuals off guard, resulting in trips. 

• Poorly lit areas: Insufficient lighting makes it hard to see potential hazards, increasing the risk of accidents. 

• Obstacles on walking paths: Items left in walkways or footpaths can easily cause someone to trip and fall. 

• Weather conditions: Ice, snow, rain, and other weather conditions can make outdoor surfaces slippery and dangerous. 

• Lack of handrails: Stairs without handrails can increase the risk of falling. 

• Worn or torn carpeting: Defective or loose carpeting can lead to trips and falls. 

• Improper footwear: Shoes that do not provide proper traction can also lead to potential slip and fall incidents. 

Preventing these accidents involves addressing these factors proactively. Meanwhile, the role of an experienced attorney is crucial in helping victims work toward claiming compensation for the injuries they sustained.

Determining Liability in Louisiana

In Louisiana, determining liability in slip, trip, and fall cases hinges on the concept of negligence. Property owners have a legal obligation to keep their premises reasonably safe for visitors. This entails regular inspection for potential hazards and promptly remedying any dangerous conditions, or, at the very least, adequately warning visitors about them. 

Louisiana law follows a comparative negligence rule. This means if the injured person is found partly at fault for the accident, their compensation can be reduced in proportion to their degree of fault. For instance, if a visitor is texting while walking and misses a clearly marked hazard, they may be considered partially liable for their injuries. 

Furthermore, Louisiana statutes impose specific requirements for filing a claim. The injured party must prove that the property owner knew or should have known about the hazard, failed to fix it or failed to provide a warning in a reasonable amount of time, and that this negligence directly caused their injuries. 

The state also enforces a one-year statute of limitations for personal injury claims, including slip, trip, and fall cases. This means victims have one year from the day of the accident to file a lawsuit against the property owner. Failing to file within this time frame typically results in the loss of the right to seek compensation. 

Understanding these legal nuances is critical for anyone involved in a slip, trip, and fall incident in Louisiana, whether as a property owner or an injured visitor. 

Possible Recoverable Damages

In slip, trip, and fall cases in Louisiana, the types of damages that may be recoverable can include, but are not limited to: 

• Medical expenses: Costs associated with hospital visits, treatments, surgeries, medications, and physical therapy required due to the injuries sustained. 

• Lost wages: Compensation for the time the injured person was unable to work due to their injuries, including potential future earnings for severe cases impacting long-term work capacity. 

• Pain and suffering: Non-economic damages for the physical pain and emotional distress experienced as a result of the accident. 

• Property damage: Costs to repair or replace personal property that was damaged or broken during the fall, such as glasses or mobile phones. 

• Loss of enjoyment of life: Compensation for the inability to engage in hobbies, activities, or other life pleasures due to the injuries. 

• Punitive damages: In cases where the defendant's conduct is found to be particularly egregious, punitive damages may be awarded as a punishment and deterrent against future negligence. 

Steps to Take Following a Slip, Trip, & Fall Incident

If you've been injured in a slip, trip, and fall accident, taking immediate steps can be vital for your health and your personal injury claim. The steps you should follow include:

• Seek medical attention: Your health is the top priority. Seek medical treatment to document your injuries, which is crucial for any claim. 

• Document the scene and your injuries: Take photographs of the location, noting any conditions that contributed to your fall. Photographs of your injuries are also beneficial. 

• Obtain witness information: If anyone witnessed the incident, get their contact information. Their accounts can provide valuable evidence. 

• Report the incident: Inform the property owner or manager about the accident if it occurred on commercial property. 

Why You Need a Personal Injury Attorney 

Pursuing compensation after a slip, trip, and fall accident in Louisiana requires legal counsel. A skilled personal injury attorney will evaluate the specifics of your case, gather evidence, and argue for the maximum compensation for your injuries.

Whether it's negotiating with insurance companies or representing you in court, a dedicated attorney is indispensable in fighting for your rights.