New Orleans Slip and Fall Lawyer

Hurt on someone else’s property? Find out who was responsible.

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SLIP & FALL INJURIES —

Slip, Trip and Fall Injuries in Stores, Restaurants and Properties

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.

What You Have to Prove in a Louisiana Store Fall

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:

  1. The condition created an unreasonable risk of harm that was reasonably foreseeable;
  2. The business created the condition, or knew or should have known about it before the fall; and
  3. The business failed to use reasonable care.

“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.

Evidence to Gather After a Fall

  • Photos of the exact spot, including the hazard, lighting and any warning signs (or lack of them)
  • Names of employees and witnesses
  • An incident report, and ask for a copy
  • Your shoes and clothing from that day
  • Medical records starting right after the fall

Stores often keep surveillance video for a limited time before recording over it. We send preservation requests quickly.

Common Premises Hazards

  • Wet or slippery floors without warning signs
  • Spills, debris and items left in aisles
  • Broken stairs, missing handrails and uneven flooring
  • Potholes and cracked sidewalks in parking lots
  • Poor lighting in stairwells, halls and lots
  • Loose mats, rugs and cords

Deadlines and Fault

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.

Hurt in a fall? Call Hecker. Free consultation. (504) 446-1000.

FAQ —

Slip & Fall Injuries: Common Questions

Is the store automatically responsible if I fall?

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.

The store says I should have watched where I was going. Does that end my claim?

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.

Should I give the store's insurance company a statement?

Report the fall and get medical care, but talk to a lawyer before giving a recorded statement or signing anything.

How long do I have to file a slip and fall claim?

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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Cyclists hit by careless drivers deserve full and fair compensation.