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This guide focuses on Lafayette, Louisiana. Premises liability is the body of law that holds property owners and occupiers responsible when unsafe property conditions cause injuries. Typical cases include slip-and-fall incidents in stores, trips on broken sidewalks, injuries from falling merchandise, unsafe stairs or railings, negligent security in parking lots, and hazards in apartment complexes or rental homes. To recover compensation, an injured person generally must show that the property owner or occupier created the dangerous condition or knew or should have known about it, and failed to fix it or warn about it within a reasonable time.
In Louisiana, premises liability is rooted in negligence principles. The unique facts of each incident matter a great deal, including how the hazard arose, how long it existed, what the owner did to inspect and maintain the property, and whether the risk was open and obvious.
Many premises claims turn on evidence that can be lost quickly, such as surveillance video, incident reports, sweep logs, maintenance records, and witness statements. A lawyer can send preservation requests, gather records, and work with experts to analyze the safety of a walkway, lighting, or building code compliance. Businesses and insurers often dispute whether they had notice of the hazard or whether the condition posed an unreasonable risk. An attorney can develop proof of notice and challenge defenses like open-and-obvious conditions or claims that the injured person was solely at fault.
Legal help is especially valuable in situations such as a slip-and-fall at a grocery or retail store, injuries in an apartment complex common area, falls in hotels or restaurants, parking lot assaults where security measures are in question, injuries on city or parish property, dog incidents on private property, and accidents at short-term rentals. A lawyer can also navigate potential workers compensation overlaps when injuries happen while on the job, and identify all insurance coverage that may apply, including the ability in Louisiana to sue an insurer directly under the Direct Action Statute.
Time limits - In Louisiana, most injury claims prescribe in one year from the date of the incident under Civil Code article 3492. Missing this deadline can bar your claim. Some claims against public entities can involve special rules for service and procedure, so it is wise to act quickly.
Comparative fault - Louisiana follows pure comparative fault under Civil Code article 2323. If you are partly at fault, your compensation is reduced by your percentage of fault, not eliminated.
General negligence and custody of things - Civil Code articles 2315, 2316, 2317, and 2317.1 address responsibility for negligence and for damage caused by things in one’s custody. An owner or occupier can be liable if an unreasonably dangerous condition in their custody causes harm and they knew or should have known of the risk and failed to act reasonably.
Merchant slip-and-fall statute - Louisiana Revised Statutes 9:2800.6 applies to claims against merchants such as grocery and retail stores. The injured person must prove the condition presented an unreasonable risk of harm, the risk was reasonably foreseeable, the merchant created or had actual or constructive notice of the condition before the incident, and the merchant failed to exercise reasonable care. Evidence of inspection and cleaning procedures is often central to these claims.
Public property and public entities - Claims involving city, parish, or state property bring additional considerations. Courts often require proof that the public entity had actual or constructive notice of the defect and a reasonable opportunity to remedy it. Public entities can have immunities for policy or discretionary decisions and there are specific rules for serving suit on public bodies. In Lafayette, incidents on property maintained by Lafayette Consolidated Government may require early notice to the appropriate department for claims handling even if a pre-suit notice is not legally required.
Recreational use immunity - Louisiana Revised Statutes 9:2795 provides liability protections to landowners who open property for recreational use without charge. Exceptions can apply for willful or malicious failure to warn of dangers or when fees are charged.
Open-and-obvious doctrine - If a hazard is open and obvious to all and does not present an unreasonable risk of harm, an owner may have no duty to warn or correct it. The analysis is fact specific and depends on the overall context.
Landlord-tenant issues - Lessors have duties to maintain leased premises in a condition fit for the intended use and to repair defects they know or should know about. Liability often depends on whether the defect was in a common area under the landlord’s control and whether the landlord had notice and a reasonable chance to fix it.
Insurance and direct action - Louisiana Revised Statutes 22:1269 allows certain claims to be brought directly against an insurer. Homeowner, renter, and commercial general liability policies may provide coverage, and some policies include medical payments coverage that can help with early medical bills regardless of fault.
Damages - Recoverable damages can include medical expenses, lost wages and earning capacity, pain and suffering, and property damage. Louisiana does not have a general damages cap for premises cases, although caps exist in specific contexts such as medical malpractice.
Report the incident to the property owner or manager, ask that an incident report be completed, and request a copy if possible. Take clear photos and videos of the area and the hazard, get names and contact details for witnesses, preserve the shoes or clothing you wore, and seek medical care promptly. If you can, note the presence of any cameras and ask in writing that all footage be preserved.
Constructive notice can be shown with evidence that the condition existed for enough time that the store should have discovered it through reasonable inspections. Useful proof includes surveillance video, sweep logs, cleaning schedules, employee testimony, and the appearance of the substance or defect. Under the merchant statute, you must show the store had actual or constructive notice before the incident.
Most Louisiana personal injury claims must be filed within one year of the incident. Some claims involving public entities require compliance with special service and procedural rules. Because evidence is often lost quickly, it is best to consult a lawyer as soon as possible.
Open-and-obvious is a defense that can limit or defeat liability if the condition did not present an unreasonable risk of harm to a reasonable person under the circumstances. The analysis is context specific. Lighting, distractions, paint or warning cones, and the feasibility of safer alternatives can influence the outcome.
Yes, through a preservation request and then the discovery process after a claim is opened or a lawsuit is filed. Acting fast matters because many systems overwrite footage within days. A lawyer can send a spoliation letter to help preserve evidence.
Louisiana’s pure comparative fault rule reduces your recovery by your share of fault. For example, if you are found 20 percent at fault, your damages are reduced by 20 percent.
Claims involving Lafayette Consolidated Government or other public entities may require proof of actual or constructive notice and a reasonable opportunity to remedy the defect. There are also specific rules for serving suit on public bodies and potential immunities for discretionary decisions. Contact an attorney quickly to avoid procedural pitfalls.
Often yes, especially for hazards in common areas under the landlord’s control, like stairwells, walkways, and parking lots. Liability depends on whether the landlord knew or should have known of the defect and failed to fix it or warn about it. Tenants should report hazards in writing and keep copies of communications.
Factors include the severity of injuries, medical bills and future care, time off work and lost earning capacity, the strength of proof of notice and negligence, comparative fault, and the availability of insurance coverage. Each case is fact specific, so values can vary even for similar accidents.
Many cases resolve through settlement after investigation and discovery. If litigation is needed, cases in the 15th Judicial District Court for Lafayette Parish can take many months to a few years depending on complexity, scheduling, and whether a trial is required. Early preservation of evidence often helps streamline resolution.
Lafayette Parish Clerk of Court and the 15th Judicial District Court for Lafayette Parish - for filing civil cases and accessing court records.
Lafayette City Court - for matters within its civil jurisdictional limits.
Lafayette Consolidated Government Risk Management or Public Works departments - for reporting incidents on city or parish property.
Louisiana State Bar Association Lawyer Referral and Information Service - to help connect with licensed attorneys.
Acadiana Legal Service Corporation - for civil legal aid to eligible individuals in the Lafayette area.
Louisiana Legislature publications of the Civil Code and Revised Statutes - for statutes such as Civil Code articles 2315, 2317, 2317.1, 2323, 3492 and Revised Statutes 9:2795, 9:2800.6, 22:1269.
Louisiana Department of Health and local hospitals or clinics - for obtaining medical records needed to document injuries.
Get medical care immediately and follow your provider’s recommendations. Prompt treatment protects your health and documents causation. Report the incident to the property owner or manager in writing and keep copies of all communications. Preserve evidence by saving photos, videos, the footwear and clothing you wore, and names and phone numbers of witnesses. Do not give a recorded statement to an insurer before you understand your rights. Consider consulting a Lafayette-based premises liability lawyer quickly so evidence can be preserved and the one-year deadline is protected. Ask about contingency fees, what costs you may be responsible for, and the plan for investigating notice, obtaining video, and identifying all available insurance. If a public entity is involved, ask about any special service or procedural requirements so they are handled correctly and on time.
