Were You Injured In A Slip & Fall Accident?
When property owners or operators fail to warn customers or visitors of known hazards that cannot be fixed immediately, people are going to get hurt. When there is inadequate lighting in entryways, stairs, and walkways of a commercial property, torn or ripped rugs lining the entrances of restaurants, falling objects in retail stores, or wet and slippery surfaces with no visible signage making the dangers aware, people are going to get hurt.
At the Russell Law Firm, LLC, our Baton Rouge slip and fall accident lawyers have been protecting the rights of our Louisiana clients since 2016. That begins with answering their legal questions and calming their fears about how they are going to deal with their mounting medical bills and lost wages. We understand that when you are hurt, your life changes in ways you have never imagined.
The bad news is, we cannot change how you were hurt, or the fact that you are facing an uphill recovery battle. The good news is, we can — and will — pursue the negligent party who caused your injuries for your complete financial recovery needs.
At the Russell Law Firm, we want to help as many people as possible. That is why we offer free, no-obligation consultations to all our prospective clients. You do not have to face your recovery or the insurance company alone. Contact us today to put our winning team in your corner.
Where Do Slip and Fall Accidents Occur in Baton Rouge, Louisiana?
According to the latest census, 222,185 residents call Baton Rouge home. In addition, East Baton Rouge Parish is Louisiana’s most populous parish, with just over 453,000 people calling her home.
This is important because our fellow city and parish residents all share the same spaces, which means property owners and operators must constantly maintain their premises to ensure we are all safely using their goods and services, without getting hurt. Unfortunately, that is not always the case.
Fortunately, Louisiana residents can pursue private, public, and government property owners and operators for negligence that leads to injuries or fatalities on their premises.
Some of the more common places Baton Rouge slip and fall injuries occur include:
- Amusement Parks
- Apartments and Condominiums
- Bars and Nightclubs
- Construction and Industrial Sites
- Educational Institutions
- Entertainment and Sports Venues
- Government Buildings
- Grocery Stores
- Hotels and Resorts
- Museums and Aquariums
- Playgrounds and Parks
- Private Property
- Professional Offices
- Public Areas
- Shopping Malls and Retail Businesses
- Swimming Pools and Waterparks
One of the most important factors when pursuing a slip and fall accident and injury claim in Louisiana is understanding which party — or the combination of parties — is responsible for your full financial recovery. We can help.
Our skilled slip and fall accident attorneys in Baton Rouge will walk you through the legal requirements to file a claim against the property owner or operator where your injuries occurred, so you know what to expect from our pursuit for justice.
Who is Liable for Slip and Fall Accidents and Injuries in Baton Rouge, Louisiana?
Slip and fall cases typically fall under premises liability statutes in Louisiana. In short, this means every property owner has a duty to keep his or her premises reasonably safe, including warning visitors of known hazards and promptly repairing them.
Slip and fall accident and injury claims can be pursued against negligent private, public, and government property owners throughout Louisiana when we can prove:
- The property owner knew or should have known about the hazardous condition.
- The property owner failed to properly address the dangerous condition.
- The injury victim had no reason to know about the hazard and was using ordinary care when the incident occurred.
- The victim suffered an injury because of the property owner’s negligence, which led to damages like medical bills, lost wages, diminished earning capacity, emotional and psychological trauma, pain and suffering, loss of quality of life, and eligible out-of-pocket expenses.
The Louisiana statute of limitations on slip and fall accidents and other premises liability lawsuits is generally one year from the date the incident and injuries occurred.
However, if your slip and fall incident occurred on property owned or operated by a government agency or municipality, the timeline is much shorter and requires immediate attention.
If you have been injured in a slip and fall in Louisiana, contact our experienced personal injury attorneys in Baton Rouge right away, so we can begin preserving important evidence to help build your case for success.
The Russell Law Firm is in Your Corner, and We Fight to Win
If you have been injured in an accident or lost a loved one to negligence anywhere in Louisiana, contact our dedicated Baton Rouge slip and fall accident attorneys today at (225) 307-0088 or online to get the legal support you need to produce real results for your unique case.
Our skilled Louisiana slip and fall accident lawyers and support staff are here to help you get your life back, and we will not stop fighting for your right to recover the maximum amount for your unique case until we produce the results you deserve. Call us now to learn more.
Frequently Asked Questions for Our Slip & Fall Accidents Attorney in Baton Rouge, Louisiana
Slip and fall injuries can range from minor bruises and cuts to serious fractures and head injuries. Some of the most common include: sprains, strains, fractures, head injuries, and spinal cord injuries. It is important to seek medical attention if you were injured.
The most common slip and fall injuries include:
- Fractures and broken bones
- Sprains and strains
- Head injuries, such as traumatic brain injuries (TBIs).
- Back and spinal cord injuries
- Neck injuries
- Cuts, bruises, and lacerations
- Internal organ damage
- Death (in severe cases)
If you were injured due to an uneven sidewalk in Baton Rouge, Louisiana, you may be able to file a personal injury claim against the responsible party. The responsible party may be the property owner, the government agency responsible for maintaining the sidewalk, or another entity depending on its custody and ownership of the sidewalk.
To obtain recovery for such a claim, you will need to prove, among other things, that the responsible party was negligent in maintaining the sidewalk and that their negligence was the cause of your injuries. This may require evidence such as photographs of the uneven sidewalk, witness testimony, and medical records.
It’s important to note that in Louisiana, there is a one-year statute of limitations for personal injury claims, which means that you must file your claim within one year of the accident. Therefore, it’s important to contact a Baton Rouge personal injury lawyer as soon as possible to discuss your case and determine your legal options.
If you have been injured in a slip and fall accident in Louisiana, you may be able to recover damages. The damages that you can recover in a slip and fall case can include:
- Medical expenses: This includes the cost of past, current, and future medical treatment related to the injury.
- Lost wages: If you were unable to work due to your injuries, you may be able to recover the wages you lost during your recovery period.
- Loss of Earning Capacity: In Louisiana, damages for loss of earning capacity refer to the loss of a person’s ability to earn a living in the future as a result of their injury. This type of damages may be awarded if the plaintiff can demonstrate that their injury has diminished their earning capacity, and as a result, they will suffer a reduction in their future earning potential. Damages for loss of earning capacity are typically calculated based on the plaintiff’s age, occupation, work history, and other factors that may affect their ability to earn a living in the future. The amount of damages awarded will depend on the specific circumstances of the case and the evidence presented.
- Pain and suffering: You may be able to recover compensation for the physical pain and emotional suffering you endured as a result of the accident.
- Property damage: If any of your personal property was damaged as a result of the accident, you may be able to recover the cost of repair or replacement.
- Punitive damages: In some cases, a court may award punitive damages if the defendant’s conduct was particularly egregious or reckless.
It’s important to note that the amount of damages you can recover will depend on the specific circumstances of your case, including the severity of your injuries, the impact they have had on your life, and the amount of fault assigned to each party involved. A personal injury lawyer can help you determine what damages you may be eligible to recover and can fight for your rights to maximum compensation.
In Louisiana, the statute of limitations for filing a personal injury claim is one year from the day the injuries or damages were sustained, which is typically one year from the date the slip and fall occurred. That means that you’d typically have one year from the date of your slip and fall to file a lawsuit seeking compensation for your injuries and damages. It is important to consult with a personal injury lawyer as soon as possible after your accident to ensure that you meet all the legal deadlines and requirements for filing a claim.
To prove negligence in a slip and fall case, generally the plaintiff’s burden of proof is that:
- The property that caused the damage was in the “custody” of the defendant;
- The property had a condition that created an unreasonable risk of harm to persons on the premises;
- The unreasonably dangerous condition was a cause-in-fact of the resulting injury; and
- Defendant had actual or constructive knowledge of the risk.
The liability of a merchant for injury sustained by a person while on the premises of the merchant is governed by Louisiana Revised Statute 9:2800.6, which provides in pertinent part that “the claimant shall have the burden of proving, in addition to all other elements of his cause of action, all of the following:
(1) The condition presented an unreasonable risk of harm to the claimant and that risk of harm was reasonably foreseeable.
(2) The merchant either created or had actual or constructive notice of the condition which caused the damage, prior to the occurrence.
(3) The merchant failed to exercise reasonable care. In determining reasonable care, the absence of a written or verbal uniform cleanup or safety procedure is insufficient, alone, to prove failure to exercise reasonable care.
If you have been involved in a slip and fall accident and have sustained injuries or damages, seeking legal assistance is highly recommended. Slip and fall cases can be complex, and an experienced Baton Rouge personal injury attorney can help you navigate the legal process, gather evidence, and negotiate with insurance companies on your behalf.
When meeting with a slip and fall lawyer in Baton Rouge for an initial consultation, it’s a good idea to bring any relevant documentation and evidence related to your case. This may include:
- Medical records: Bring any medical records related to your injuries, including diagnoses, treatments, and bills.
- Incident report: If you slipped and fell on someone else’s property, there may be an incident report detailing what happened. Bring a copy of this report if possible.
- Photos or videos: If you took photos or videos of the accident scene or your injuries, bring them along.
- Witness statements: If anyone saw your accident, ask them to provide a written or recorded statement and bring this to your consultation.
- Insurance information: Bring any information related to insurance coverage, including your own insurance policy and information about the property owner’s insurance.
- Any correspondence: If you’ve received any correspondence from the property owner, insurance companies, or medical providers, bring it with you to your consultation.
It is also recommended to bring a list of questions you have for the attorney. Although not mandatory, bringing these items to your initial consultation can help provide your slip and fall lawyer with important information and allow them to better understand your case.
Slip and fall cases can be difficult because they often rely on the victim’s ability to prove that the property owner or custodian was negligent in maintaining the premises in a safe condition. The victim must show that the property owner or custodian had knowledge of the dangerous condition and failed to take reasonable steps to correct it. Additionally, the victim must prove that the dangerous condition was the direct cause of their injuries. These can be challenging tasks without the help of an experienced personal injury attorney.
Further, Louisiana follows the comparative fault rule, which means that damages will be apportioned based on the percentage of fault attributed to each party. Louisiana’s comparative fault rule applies to all types of personal injury cases, including slip and falls. This can make slip and fall cases more challenging, as the property owner or custodian usually argues that the victim’s own fault contributed to the slip and fall and damages.
For example, the court determines that you were 30% at fault for the slip and fall and the other party was 70% at fault, you would be able to recover 70% of your damages from the other party. However, if the court determines that you were more than 50% at fault for the slip and fall, you may not be able to recover any damages.
The process of filing a slip and fall claim can help you recover compensation for your damages and hold the responsible party accountable for their actions. Even if your injuries are minor, they can still have a significant impact on your life and finances. You are entitled to be compensated for any and all damages and losses you have sustained as a result of the fall, and a slip and fall claim can help you achieve that.