What Should Be Done Following a Slip and Fall Accident?

Following a slip and fall accident, certain steps should be taken to ensure that a successful claim can be filed at a later time. Those steps are as follows:

  • Take pictures at the accident site. Note the condition that caused the accident and the surrounding areas.
  • Collect contact information for eyewitnesses, including name, address, and phone number.
  • Report the accident to the manager or property owner.
  • Record detailed notes regarding the accident, such as date, time, location, and any injuries.
  • Seek medical attention for injuries.

What are Common Causes of Slip and Fall Accidents?

Slip and fall accidents can be the result of a careless property owner who has failed to fix a safety hazard. Examples of hazards that might result in a slip and fall are:

  • Wet floors
  • Loose floorboards
  • Loose or bulging carpeting
  • Loose mats or rugs
  • Food or liquids left on the floor
  • Potholes or cracks
  • Uneven flooring or sidewalks
  • Exposed wiring or other tripping hazards

How is Liability Determined in a Slip and Fall Accident?

Successful slip-and-fall accident claims rely on proving that the owner or property manager was responsible for the fall in one of the following ways:

  • The owner failed to recognize or remedy the hazard in a reasonable timeframe. For example, if they allowed a dangerous pothole to remain in the parking lot for several months.
  • The owner caused the accident. For example, leaving a hazardous obstacle in the path of patrons.

To prove negligence, the injured party must prove one of the following conditions:

  • The dangerous condition existed long enough for the defendant to have reasonable time to remedy the problem.
  • There were no policies in place to ensure that hazards were regularly avoided.
  • The hazard or dangerous condition could have been made less dangerous.

Contributory Negligence

The State of Louisiana enforces a policy of contributory negligence that reduces a victim’s awarded damages based on the percentage of fault the victim carries. For example, if a victim is awarded $50,000 in damages and is found to be 10% at fault for an accident, then the victim will only receive $45,000 in compensation, which is the total amount minus 10% for fault.

Common examples of contributory negligence by the injured party are:

  • Engaging in any activity that may prevent them from noticing the hazard, such as texting
  • Unlawfully accessing the location where the accident occurred
  • Illegitimately entering a hazardous area
  • Ignoring posted warning signs or other safety measures

How Does Visitor Status Affect Owner Liability?

All property owners have the basic responsibility to maintain their property in a reasonable condition that is safe for others. The duty of care owed by the property owner varies depending on what type of visitor is present on their property. There are three visitor statuses, as follows:

  • Invitees: This visitor status is on the property with the owner’s knowledge and invitation. They are typically classified as public visitors, business visitors, or social guests. Property owners owe this class of visitor the highest duty of care and assurance that the premises are safe since they are on the property for mutual benefit with the owner. 
  • Licensees: This visitor status is on the property with the owner’s permission. Examples of licensees include entering a store to use the restroom or a guest at a party. Licensees are owed a duty of care but to a less stringent extent than invitees.
  • Trespassers: Trespassers enter a property without permission. Owners owe trespassers no obligation of care if they are over 18 years of age, but owners cannot create dangerous conditions to deter trespassers.

Attractive Nuisance

An attractive nuisance is any feature on a person’s property that might encourage a child to trespass and then become injured. If a child trespasses onto a property and is injured, then the owner is held liable for creating the situation that led to the injury. Examples of an attractive nuisance include:

  • Swimming pools
  • Fountains
  • Large machines
  • Wells
  •  Tunnels
  • Abandoned cars
  • Dangerous animals
  • Paths
  • Stairs
  • Accessible rooftops

What is the Statute of Limitations for a Slip and Fall Claim?

A statute of limitations is the timeframe in which a case may be heard. The timeframe for filing a personal injury case in the State of Louisiana is one year from the date of the accident. Claims submitted outside of this timeframe typically result in a dismissal of the case. 

There are rare circumstances where a statute of limitations may be paused or “tolled.” Tolling allows for the suspension or extension of the time limit, and the situations that warrant tolling include:

  • Legal disabilities or special status: If the injured party is a minor or is mentally incapacitated, then the statute of limitations may be paused until legal age is reached or mental capacity has been restored.
  • If the negligent party is out of state: If the responsible party is out of state or hiding, the clock will stop until they can be served.
  • The discovery rule: The discovery rule starts the clock when the injury is or reasonably should have been discovered.

What Compensation Can be Recovered?

Recoverable compensation from a slip and fall accident varies greatly depending on the unique circumstances involved in the case. Possible damages include, but are not limited to, the following:

  • Medical bills to date
  • Ongoing and future medical bills
  • Lose income
  • Diminished earning capacity
  • Physical disability or disfigurement
  • Pain and suffering
  • Punitive damages

Do I Need an Attorney?

If you have been injured at a commercial establishment, you need representation who will fight on your behalf. Call Babcock Injury Lawyers today at 225-240-4053 or fill out a contact form for a free consultation.