New Orleans Slip and Fall Lawyer

A fall alone does not prove negligence. The evidence must explain why it happened.

A serious fall can cause fractures, torn ligaments, head injuries, spinal injuries, surgery, lost income, and lasting limitations. But Louisiana law does not make a store or property owner automatically responsible whenever someone is injured on the premises.

A successful claim depends on details: What was the hazard? Who created it? How long was it there? Who controlled that part of the property? Was there a reasonable inspection system? Could the danger have been corrected or a warning provided? Shirer Law investigates those questions early, before surveillance footage, maintenance records, witnesses, and the physical condition disappear.

Are you asking yourself - "Do I have a case?"  Call 504-499-1010 for a free case review and get to know your rights!

What Shirer Law investigates in a slip-and-fall case

Premises cases are often decided by evidence the injured person never possessed. Depending on the location and circumstances, our investigation may include:

• The precise cause. We document the substance, defect, elevation change, broken component, lighting problem, missing warning, or other condition—not merely the fall.
• Who controlled the area. That may be an owner, tenant, property manager, maintenance company, contractor, governmental body, or several parties.
• Creation and notice. We examine employee activity, complaints, work orders, recurring problems, inspections, cleaning records, and the condition's apparent duration.
• Surveillance and electronic evidence. Video may establish when the hazard arose, how employees responded, and how the fall occurred. Many systems overwrite footage quickly.
• Medical causation. We compare the person's condition before and after the incident, review treatment and diagnostic findings, and address prior conditions honestly.
• Damages. We document medical expenses, lost income, physical limitations, disrupted activities, future care, and other supported losses.

What to do after a slip and fall in Louisiana

If you have just been injured:

1. Seek appropriate medical care. Report every symptom accurately and follow reasonable treatment instructions.
2. Report the incident before leaving, if you can do so safely. Identify the location and request an incident report, but do not guess about unknown facts or sign an inaccurate statement.
3. Photograph the condition and surrounding area. Take close and wide photographs showing the hazard, lighting, warnings, and your route.
4. Identify witnesses. Obtain contact information for anyone who saw the hazard, the fall, employee activity, or what happened afterward.
5. Preserve your shoes and clothing. Place them aside in their existing condition. Do not wash, repair, discard, or continue wearing them.
6. Avoid posting about the incident or your activities on social media. A photograph or casual comment may later be taken out of context.
7. Speak with a Louisiana premises-liability lawyer promptly. A preservation request may be needed before video and business records are overwritten or discarded.

What Louisiana law requires

Falls in stores, restaurants, hotels, and other merchant premises

Louisiana Revised Statute 9:2800.6 imposes a specific burden in many merchant fall cases. In addition to the other elements of negligence, the claimant generally must prove:

• The condition presented an unreasonable and reasonably foreseeable risk of harm;
• The merchant created the condition or had actual or constructive notice of it before the fall; and
• The merchant failed to exercise reasonable care.

Constructive notice usually requires proof that the condition existed long enough that reasonable care would have discovered it. An employee's mere presence nearby is not enough by itself. Surveillance, witnesses, inspection records, track marks, drying patterns, recurring problems, and employee conduct may supply important timing evidence.

Defects in other property

Claims involving stairs, handrails, flooring, pavement, balconies, lighting, or other things in a person's custody may be governed by Louisiana Civil Code article 2317.1 and related law. The evidence generally must establish a defect that caused the injury, that the owner or custodian knew or reasonably should have known about it, that reasonable care could have prevented the damage, and that the defendant failed to take that care.

Falls on public property

Claims involving streets, sidewalks, parks, public buildings, and other property controlled by a governmental body can involve additional rules. Louisiana Revised Statute 9:2800 generally requires proof that the public entity had actual or constructive notice of the particular defect and a reasonable opportunity to remedy it. Identifying which entity actually had custody or control is often a threshold issue.

Visible conditions and comparative fault

The defense may contend that the condition was open and obvious or that the injured person was not watching where they were walking. Visibility is relevant to whether the condition presented an unreasonable risk and to comparative fault, but it should be evaluated in context—including lighting, distractions inherent in the premises, the expected path of travel, available alternatives, and the reason the person encountered the condition.

For claims governed by Louisiana's comparative-fault law effective January 1, 2026, a person found 51% or more at fault cannot recover; fault below 51% reduces the recovery proportionally. The law applicable to an earlier incident may differ.

The deadline to file suit

Many Louisiana negligence claims arising from injuries occurring on or after July 1, 2024 generally have a two-year prescriptive period. Older incidents and particular claims may be subject to different rules. Waiting remains dangerous because evidence can vanish within days even when the filing deadline is much later.

Where slip-and-fall injuries commonly occur

We evaluate falls at grocery and retail stores; restaurants, bars, and hotels; apartment and rental property; parking lots and garages; ramps, walkways, stairs, balconies, and entrances; offices and commercial buildings; construction areas; sidewalks; and public property.

Negligent-security incidents, dog bites, swimming-pool accidents, and other premises claims involve different legal and factual questions. They are better addressed separately rather than treating every injury on property as the same type of case.

What compensation may be available?

There is no reliable online settlement chart for a Louisiana slip-and-fall case. Value depends on whether liability can be proven, comparative fault, available insurance, injury severity, treatment, prior medical history, future limitations, lost income, credibility, and venue.

Recoverable damages may include:

• Past and reasonably supported future medical expenses
• Lost wages and diminished earning capacity
• Physical pain and suffering
• Mental anguish and emotional distress
• Loss of enjoyment of life
• Disability or physical limitations
• Other damages supported by the facts and Louisiana law

We do not promise a result or assign an arbitrary value before understanding the liability evidence, medical course, and long-term effects.

Our process

1. Identify the defendant and preserve evidence. We determine who controlled the area and send appropriate requests concerning video, reports, inspection records, maintenance records, and other evidence.
2. Investigate the hazard and notice. We examine how the condition developed, whether it was recurring, who knew about it, and whether there was a reasonable opportunity to correct it or warn visitors.
3. Develop medical causation and damages. We collect the relevant records and bills, address prior conditions, and document the injury's effect on work and daily life.
4. Negotiate or litigate. We present an organized, evidence-supported claim. If a reasonable resolution is not available, we are prepared to use discovery, depositions, experts, motion practice, and trial preparation.

We explain the strengths and weaknesses, report material offers, and give candid advice. The client decides whether to settle.

Frequently asked questions

Is a property owner automatically responsible because I fell there?

No. The claimant must prove the elements applicable to the particular defendant and property. The fact of a fall and the seriousness of the injury do not establish that an unreasonably dangerous condition existed or that the defendant had legally sufficient notice.

What if I do not know how long a spill was on the floor?

Duration can be a central issue in a merchant case. Video, witnesses, employee activity, cleaning records, footprints, cart tracks, drying or dirt patterns, and evidence of a recurring leak may help establish when the condition began. Some cases cannot meet the statutory burden without positive evidence of the temporal element, which is why early investigation matters.

What does it cost to hire Shirer Law?

Slip-and-fall cases are generally handled under a written contingency-fee agreement, so an attorney fee is owed only if there is a recovery. The agreement will explain the fee and whether the client may be responsible for case costs or expenses.

Talk with Shirer Law about your Louisiana slip-and-fall claim

The first question is not simply how badly you were hurt. It is whether the available evidence can prove an unreasonably dangerous condition, responsibility for that condition, legally sufficient notice, causation, and damages.

Contact Shirer Law for a free, confidential case review. We will listen to what happened, identify the evidence and deadlines that matter, and explain whether we believe we can help.

Call 504-499-1010 for a free case review and get to know your rights!

This page provides general information, not legal advice. Reading it or contacting the firm does not create an attorney-client relationship. Shirer Law accepts representation only through a written agreement. The firm should add its Louisiana office location, jurisdictions of admission, and its standard costs/expenses disclosure before publication.