Hurt on someone else’s property? Find out who was responsible.
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SLIP & FALL INJURIES —
A spilled drink in a grocery aisle, a broken step at an apartment complex, a dark parking lot full of potholes. Property owners and businesses are supposed to keep their premises reasonably safe. When they don’t, people get hurt, often with broken hips and wrists, knee and back injuries or head injuries.
Stephen J. Hecker helps people injured in falls figure out who was responsible and pursue compensation from the property owner, the business or their insurance company.
Louisiana has a specific law for falls in stores and other businesses (merchants). In addition to the usual elements of a negligence claim, you must show:
“Should have known” means the hazard was there long enough that a careful business would have found it. That is often the hardest part of the case, which is why fast action on video and incident reports matters.
Stores often keep surveillance video for a limited time before recording over it. We send preservation requests quickly.
In Louisiana, most injury claims from accidents on or after July 1, 2024 must be filed within two years. Injuries before that date generally had only one year. Evidence also disappears fast, so don’t wait.
Louisiana changed its fault rule on January 1, 2026. For accidents on or after that date, if you are found 51% or more at fault, you recover nothing. If you are less than 51% at fault, your recovery is reduced by your share. Insurance companies know this, so expect them to try to push more of the blame onto you. In fall cases, insurers often argue you should have seen the hazard.
Talk to Stephen J. Hecker today. The consultation is free.
FAQ —
No. Louisiana law requires you to show the store created the hazard or knew or should have known about it, and failed to use reasonable care. We investigate to find that proof.
Not necessarily. Fault can be shared. For falls on or after January 1, 2026, you can recover as long as you are less than 51% at fault, with your recovery reduced by your share. Earlier falls follow the older rule.
Report the fall and get medical care, but talk to a lawyer before giving a recorded statement or signing anything.
For most falls on or after July 1, 2024, you have two years to file suit in Louisiana. Video evidence often disappears much sooner.
PRACTICE AREAS
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