In Shreveport, slip and fall accidents can happen when you least expect them – whether you are walking through Mall St. Vincent, enjoying the scenery at Betty Virginia Park, visiting someone’s home, or working at a warehouse or construction site. As insignificant as a fall may seem, it can cause serious injuries, loss of work, and pain and suffering.
If you have suffered from such an accident at a private or public property, the key to a successful claim is proving that the negligence of the property owner, manager or occupier led to your fall. At The Desiah Law Firm, our slip and fall injury lawyers can prove liability and maximize your compensation through aggressive representation as well as our deep understanding of Louisiana’s premises liability laws. Call us at (318) 252-3034 or contact us online to schedule your free consultation.
Where Do Most Slip and Fall Accidents Occur in Shreveport, LA?
In Shreveport, you may be at a risk of slip and fall injury when visiting the following places:
- Hotels
- Casinos
- The Louisiana Boardwalk Outlets
- Restaurants
- Retail stores
- Public transit stations
- Sidewalks
- Parking lots
- Grocery stores
- Schools and universities
- Office buildings
- Hospitals and medical centers
- Gyms and fitness centers
- Movie theaters
- Shopping malls
- Public parks
- Gas stations
- Apartment buildings
- Convention centers
- Construction sites
- Factories and warehouses
Why Do Slip and Fall Accidents Commonly Happen?
Slip or trip and fall accidents in Shreveport usually happen because of unsafe conditions that have gone unaddressed on a property. These situations can cause serious injuries, especially if the property owner has neglected their duties. Here are some of the most typical reasons why one may fall:
- Objects or debris in walkways
- Missing warning signs for hazards (wet floors, construction)
- Insufficient lighting
- Uneven surfaces, holes, or cracks in floors or sidewalks
- Torn, loose, or bunched-up carpeting
- Floors that are slippery due to cleaning, spills, or waxing
- Damaged or missing stairs and handrails
How Does a Slip and Fall Injury Claim Work in Shreveport?
Slip and fall cases in Louisiana fall under the premises liability laws, which state that all property owners and occupiers have a duty to keep their premises safe. If you are injured due to a hazard on someone else’s property, your fall accident lawyer may have grounds to file a personal injury lawsuit.
For a successful premises liability claim, you (the plaintiff/injured party) must prove that:
- The property had a dangerous condition that posed an unreasonable risk of harm
- The property owner knew or should have known about it
- The danger was not addressed, and no warning was provided
- The dangerous condition directly caused your injuries
Louisiana’s personal injury law follows a comparative fault system, so even if you are partly at fault for your fall, you can still seek compensation – but it will be reduced by your percentage of fault.
Duty of care according to visitor status
Another important thing to keep in mind is that the Louisiana law differentiates the duty of care owed based on the visitor’s status:
- Invitees: Visitors invited for business purposes (like customers in a store) are owed the highest duty of care. Property owners must regularly inspect for and address hazards.
- Licensees: Social guests fall under this category. Homeowners must warn them of known dangers but are not required to conduct regular inspections.
- Trespassers: The lowest duty of care is owed. Homeowners must not willfully harm trespassers but are not generally obligated to keep their property safe for them.
Attractive nuisance doctrine
Louisiana recognizes the concept of “attractive nuisance,” which is applied to properties that have features or conditions appealing to children but also pose potential dangers. This doctrine holds landowners to a higher standard of care when it is reasonable to expect that children might be drawn to these hazards.
Common attractive nuisances include swimming pools, trampolines, abandoned vehicles, construction sites, or unsecured equipment. Landlords are expected to prevent access to them by erecting a fence or putting a lock on it. Even if the child is trespassing, the estate owner can be held liable if that child gets injured on their property.
Obligation of residential landlords
Landlords in Shreveport are legally mandated to keep their properties safe and free from hazards. This duty extends to all areas of the property, including individual units, common areas, and external spaces like walkways and parking lots.
If you are a tenant and you were injured on the property because the landlord failed to repair a known issue (like a broken handrail) within a reasonable timeframe, despite the fact that you complained to them about it, you may have grounds to sue them.
On that note, as a tenant, you do have a responsibility to “exercise reasonable care”, i.e., use the rental property in a safe manner and to report any hazards to your landlord. Your failure to do so could affect your liability claim.
How Long Do I Have to Sue After a Slip and Fall Accident in Shreveport?
Louisiana Civil Code art. 3492 provides that personal injury actions, such as slip and falls, have a one year prescriptive period. That means that your premises liability claim must be settled or a lawsuit must be filed in your slip and fall case within one year from the date of the accident. There are exceptions to this one year period. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage.
Why Choose Shreveport Premise Liability Lawyers at The Desiah Law Firm?
Our personal injury lawyers specialize in slip and fall cases with a strategy honed by experience. We meticulously collect evidence – from high-resolution surveillance videos to detailed incident reports and witness testimonies.
Insurance companies might dispute the severity of suffered injuries or argue that your own actions contributed to the accident. We will counter this on the basis of the concrete evidence we have gathered. This may include clear surveillance camera footage capturing the incident, documented reports of previous accidents at the same location, maintenance records indicating negligence, expert opinions, and medical records substantiating the extent of your injuries.
If a reasonable settlement cannot be reached, we are prepared to take your slip and fall case to court. Our extensive trial preparation and our proven track record often motivates insurers to offer higher settlements to avoid facing the jury.
Reach Out to Us for Your Fall Injury Claim
Time is critical in slip and fall claims in Shreveport, Louisiana, with just one year to act. Do not let the clock run out on your right to recover medical bills, lost wages, and pain and suffering. At The Desiah Law Firm, our leading Shreveport personal injury lawyer, Travis Desiah, understands the urgency and the pain you are enduring and is ready to fight for your rights while you focus on healing. Give us a call at (318) 252-3034 or send us a message online to schedule a free case review.