QUESTION

Can I sue for falling?

Asked on Jul 25th, 2020 on Premises Liability - Louisiana
More details to this question:
I was inside a retail store. I slipped and fell over cardboard that was left on the floor. I suffered a herniated disc and bulging disc in my lower back because of this fall.. This store does not have video cameras.
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1 ANSWER

DUI/DWI Attorney serving Lafayette, LA at Boustany Law Firm
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Yes, under Louisiana law you can sue a property owner for injuries you sustain as a result of their negligence. Here, the retail store left cardboard on the floor which posed a risk of someone stepping or tripping upon it.  Under Louisiana Civil Code Articles 2317.1 and Article 2322, slip and fall claims are governed by the principle of constructive notice. Under constructive notice, property owners will be liable for the damages caused by the "ruin, vice or defect" of their property if a victim can show that the owner knew or should have known about the problem with their property through the exercise of reasonable care. Typical situations where there can be liability will be where the property owner created the dangerous situation, where the hazardous situation has occurred there more than once, where the dangerous situation was in a high traffic area of the property, and/or where the hazard could have been discovered by the property owner had they conducted a routine walkthrough. A claim for slip and fall must be brought within one year from the date of injury, so depending on when this injury occurred you may not have very much time to bring suit. If your case is not timely filed, you may be barred forever from pursuing your claim, so time is of the essence. I would be more than happy to provide you with a free case evaluation to review the specifics of your claim and determine if you have a valid claim. Please feel free to give my office a call at (337)237-0492 to set up your consultation.
Answered on Aug 10th, 2020 at 10:21 AM

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