Louisiana Premises Liability Lawyer

Louisiana Premises Liability Law and the Duty of Care

La. C.C. Art. 2317.1

The Louisiana Civil Code article that governs custodial liability for defective property. It requires proof that the owner knew or should have known about the defect, the defect created an unreasonable risk, and the owner failed to take reasonable care.

Louisiana premises liability law operates under a framework different from most states. The duty of care comes from La. C.C. Art. 2317, which holds that a person is responsible for damage caused by things in their custody. La. C.C. Art. 2317.1 narrows that obligation by requiring proof that the property owner knew or should have known about the dangerous condition.

To prove a premises liability claim in Louisiana, you must establish four elements. First, the defendant owned or controlled the property. Second, a condition on the property created an unreasonable risk of harm. Third, the defendant knew or should have known about the condition. Fourth, the defendant failed to exercise reasonable care. Missing any one of these elements defeats the claim.

Louisiana does not use the common law invitee, licensee, and trespasser classifications that most states follow. Instead, Louisiana courts apply a general reasonableness standard. The question is whether the property owner acted reasonably under the circumstances.

For slip and fall cases in stores, restaurants, and other commercial establishments, Louisiana has a separate statute. La. R.S. 9:2800.6 adds a temporal requirement to merchant liability claims. You must prove that the hazardous condition existed for a period of time sufficient for the merchant to have discovered it through reasonable care. This is the hardest element to prove in most retail slip and fall cases.

The temporal element is where merchant liability claims are won or lost. Morris & Dewett works with time-stamped surveillance footage and maintenance logs to establish how long the hazard was present before the incident.

Louisiana’s premises liability framework also intersects with La. C.C. Art. 2315, the general negligence article. In some cases, a claim may proceed under general negligence rather than the specific custody framework. If you have been injured in a hunting accident on someone’s property, different rules may apply.

Common Premises Liability Injuries in Louisiana

Broken bones, traumatic brain injuries, spinal damage, and drowning are the most common premises liability injuries in Louisiana. The type and severity of your injury determines the value of your claim and the medical evidence needed to support it.

Broken bones are the most common premises liability injury. Falls on wet floors, uneven sidewalks, and damaged staircases frequently result in fractured wrists, hips, and ankles. Hip fractures are particularly serious for older adults. The CDC reports that falls are the leading cause of non-fatal injuries treated in emergency departments nationwide.

Traumatic brain injuries occur when a person’s head strikes the ground or a hard surface during a fall. These injuries are not always immediately apparent. Symptoms like confusion, headaches, and memory problems may develop hours or days later. Any head impact during a premises incident requires medical evaluation.

Spinal cord injuries and back injuries result from falls from elevated surfaces, collapsed structures, or impacts with equipment. Herniated discs, compression fractures, and soft tissue damage to the back and neck are common. These injuries often require long-term treatment and can limit your ability to work.

Drowning and near-drowning occur in swimming pool accidents, particularly involving children. Property owners who maintain pools have specific obligations regarding barriers, gates, and supervision. Near-drowning events can cause permanent brain damage even when the victim survives.

Electrocution injuries happen when exposed wiring, faulty electrical panels, or downed power lines on a property contact a visitor. Burns from fires, explosions, and hot surfaces on commercial or industrial properties create severe injuries that often require reconstructive surgery. Dog bites cause lacerations, scarring, nerve damage, and infections. Under La. C.C. Art. 2321, the animal’s owner is liable for the damage it causes.

Premises cases involving TBI, spinal injuries, or severe burns require life care planning and vocational assessments. Morris & Dewett coordinates with medical specialists to document the full scope of injury before entering settlement negotiations.

If your premises injury is severe, review our page on catastrophic injury claims in Louisiana for additional information on long-term damage recovery.

Types of Premises Liability Cases in Louisiana

Premises liability covers a broad range of situations. The common thread is that someone was injured because a property owner failed to maintain safe conditions or warn about known hazards.

Slip and Fall Accidents

Slip and fall cases involve wet floors, freshly mopped surfaces without warning signs, icy walkways, spilled liquids in grocery aisles, and polished surfaces without adequate traction. In commercial settings, the merchant liability statute La. R.S. 9:2800.6 adds specific proof requirements. In private settings, the general duty of care under La. C.C. Art. 2317.1 applies.

The defense in slip and fall cases almost always argues that the condition was open and obvious or that you were not paying attention. Surveillance footage is the single most important piece of evidence. It shows the hazard, how long it existed, and what you were doing at the time. Slip and fall accident claims require fast action to preserve this evidence.

Trip and Fall Hazards

Trip and fall cases involve loose rugs, cracked sidewalks, unmarked elevation changes, potholes in parking lots, and debris in walkways. These cases often turn on whether the property owner had prior knowledge of the condition. Repeated complaints from other visitors, prior incident reports, and maintenance requests all establish constructive knowledge.

Property owners are not required to make their property perfectly safe. They are required to address known hazards within a reasonable time or warn visitors about them. The gap between “knew about it” and “fixed it” is where liability attaches.

Inadequate Security

When a property owner fails to provide reasonable security measures and someone is assaulted, the property owner may be liable. These cases arise in apartment complexes, parking garages, hotels, and shopping centers. Missing locks, broken cameras, inadequate lighting, and absent security personnel all contribute to inadequate security claims.

Inadequate security cases require different expert witnesses and different evidence than a standard slip and fall. Morris & Dewett works with security consultants who evaluate whether the property’s security measures met industry standards for the type of property and its location.

Swimming Pool Accidents

Pool accidents involve drowning, diving injuries, drain entrapment, and chemical exposure. Property owners who maintain pools must comply with barrier requirements, gate specifications, and in some cases, supervision standards. These cases frequently involve children, which changes the duty of care analysis.

Drain entrapment is one of the most dangerous pool hazards. Defective or uncovered drains create suction forces strong enough to hold a child underwater. Louisiana pool owners are required to maintain compliant drain covers and anti-entrapment devices. If the property had a known drain deficiency and failed to address it, that is a strong basis for liability.

Additional Premises Hazards

Elevator and escalator malfunctions cause crush injuries, falls, and entrapment. Toxic exposure from mold, asbestos, or chemical spills on property creates both acute and long-term health problems. Amusement parks and entertainment venues create unique premises liability situations involving ride malfunctions and crowd management failures.

Louisiana’s hurricane and storm seasons create temporary premises hazards that are particularly common in coastal and storm-prone parishes. Fallen trees, construction debris, damaged walkways, and active repair zones all create conditions where injuries occur. Property owners have a duty to secure these hazards or restrict access to damaged areas while repairs are underway.

Proving Negligence in a Louisiana Premises Liability Case

Preponderance of the Evidence

The standard of proof in civil cases. It means you must show that your version of events is more likely true than not. Often described as “more probable than not” or “51% likely.”

The burden of proof in a premises liability case rests on you. You must prove your claim by a Preponderance of the Evidence standard. This means showing that your version of events is more likely true than not.

Constructive Knowledge

The critical question in most premises cases is whether the property owner knew or should have known about the hazard. Direct knowledge is straightforward. The owner received a complaint, saw the hazard, or created it. Constructive knowledge is harder to prove. You must show that the condition existed long enough that a reasonable property owner would have discovered and addressed it.

For merchant cases under La. R.S. 9:2800.6, this temporal element is explicitly required. Courts look at the nature of the hazard, the merchant’s inspection routines, and the time between the last inspection and the accident. If the store mopped the floor 30 minutes before you fell and no one checked the area, that gap may establish constructive knowledge.

Evidence That Matters

The most important evidence in a premises liability case includes surveillance video, incident reports, maintenance logs, inspection records, prior complaints about the same condition, and building code violation records. Expert witnesses play a significant role. Structural engineers evaluate whether a building condition violated safety codes. Lighting experts assess whether visibility contributed to the accident. Safety consultants determine whether the property met industry standards.

Spoliation

The destruction or alteration of evidence after a party has notice of pending litigation. Courts can instruct juries to assume the destroyed evidence was unfavorable to the party that destroyed it.

Spoliation is a serious risk in premises cases. Commercial surveillance systems typically overwrite footage on 30 to 72 hour cycles. If you do not send a preservation demand immediately after the incident, the most important evidence in your case may be permanently deleted.

Evidence Strategy Under the 2026 Fault Rules

Louisiana’s new 51% comparative fault bar makes evidence gathering more critical than ever. Insurance companies now have a specific target: push your fault percentage above 50% and the property owner pays nothing. Building a strong negligence case from the start requires documenting every aspect of the property’s condition, not just the hazard that caused your injury.

Morris & Dewett sends preservation demands on the day of engagement. We dispatch investigators to photograph and measure the property condition before repairs can be made.

Comparative Fault in Louisiana Premises Liability Claims

Comparative Fault

A legal rule that reduces your recovery by your percentage of fault. In Louisiana, if you are 51% or more at fault, you recover nothing. If you are 50% or less at fault, your damages are reduced proportionally.

Louisiana follows Comparative Fault principles under La. C.C. Art. 2323. If you are partially responsible for your own injury, your compensation is reduced by your percentage of fault.

As of January 1, 2026, Louisiana’s tort reform introduced a hard cutoff. If you are found 51% or more at fault, you recover nothing. This is not a sliding scale above that threshold. It is a complete bar. Before 2026, Louisiana was a pure comparative fault state where you could recover something even at 99% fault.

How Property Owners Use Comparative Fault

Property owners and their insurance companies use comparative fault aggressively in premises cases. Common arguments include that you were looking at your phone, wearing inappropriate footwear, ignored posted warning signs, entered a restricted area, or should have seen the hazard.

Open and Obvious Doctrine

A defense argument that the hazard was so apparent that a reasonable person would have seen it and avoided it. If successful, it shifts fault to the injured person. Louisiana courts evaluate this on a case-by-case basis.

The Open and Obvious Doctrine is a related defense. Property owners argue that the hazard was so apparent that any reasonable person would have avoided it. Louisiana courts evaluate this defense on a case by case basis. A visible pothole in broad daylight is different from a wet floor in a dimly lit corridor.

Insurance adjusters routinely inflate your fault percentage to reduce payouts or push you above the 51% bar. This is not speculation. It is standard practice. The adjuster’s job is to minimize the insurance company’s exposure.

Morris & Dewett documents the property’s condition comprehensively before the property owner makes repairs. We build the negligence case before the defense can build the comparative fault argument.

What Compensation Does Louisiana Law Allow After a Premises Injury?

Louisiana law divides personal injury compensation into economic and non-economic categories. There is no cap on non-economic damages in premises liability cases. This distinguishes premises liability from medical malpractice, where Louisiana does cap non-economic recovery.

Economic Damages

Loss of Earning Capacity

The difference between what you could have earned over your working lifetime and what you can earn now after the injury. Calculated by a vocational expert and converted to present value by an economist.

Economic damages cover your measurable financial losses. These include past and future medical expenses, lost wages during recovery, Loss of Earning Capacity, rehabilitation and physical therapy costs, and home modification costs if your injury requires changes to your living space.

Future medical costs require expert testimony. A life care planner projects your anticipated treatment needs. An economist converts those future costs to present value. Without this expert foundation, the jury has no basis for awarding future damages.

Non-Economic Damages

Non-economic damages compensate for losses that do not have a receipt. Pain and suffering, mental anguish, loss of enjoyment of life, and scarring or disfigurement all fall into this category. These damages are subjective, which is why they are heavily contested.

Loss of Consortium

A legal claim available to a spouse for the loss of companionship, affection, and support caused by the injured person’s condition. It is a separate damage category from the injured person’s own claims.

Spouses of the injured person may have a separate Loss of Consortium claim under La. C.C. Art. 2315. This is a claim for the loss of companionship and support caused by the injury. It is filed by the spouse, not the injured person.

Fatal Premises Accidents

Survival Action

A claim under La. C.C. Art. 2315.1 that recovers damages for the victim’s own pain and suffering between the moment of injury and the moment of death. It is separate from the wrongful death action and can be filed alongside it.

If a premises liability incident results in death, Louisiana law provides two separate claims. A wrongful death action under La. C.C. Art. 2315.2 compensates surviving family members for their own losses. A Survival Action under La. C.C. Art. 2315.1 recovers the victim’s own damages from the moment of injury to the moment of death.

Louisiana’s tort reform also changed the collateral source rule. This affects how insurance payments, disability benefits, and other third-party payments interact with your recovery.

Louisiana’s Prescriptive Period for Premises Liability Claims

Prescriptive Period

Louisiana’s term for statute of limitations. The legal deadline to file a lawsuit. For personal injury, it is two years from the date of injury under La. C.C. Art. 3493.1 (effective July 1, 2024).

Louisiana gives you two years from the date of injury to file a premises liability lawsuit. This deadline is set by La. C.C. Art. 3493.1, which took effect on July 1, 2024. Before that date, Louisiana’s Prescriptive Period for personal injury was one year.

Two years sounds like ample time. It is not. Evidence degrades. Witnesses forget details. Surveillance footage gets overwritten. The property owner repairs the hazard. Waiting to act costs you the evidence that proves your case.

The contra non valentem doctrine may extend the prescriptive period in limited circumstances. If your injury was not immediately apparent, the clock may not start until you knew or should have known about it. This applies to cases involving toxic exposure, latent injuries, and situations where the connection between the property condition and the injury was not obvious.

For minors injured on someone’s property, the prescriptive period does not begin until the child turns 18. Claims against government entities under La. R.S. 13:5101 may require written notice within a shorter timeframe. Government premises liability claims have additional procedural requirements that can bar your case if not followed.

Who Can Be Held Liable in a Louisiana Premises Liability Case?

Liability in a premises case does not always fall on the property owner alone. Louisiana law recognizes multiple parties who may share responsibility for maintaining safe conditions.

Property Owners and Operators

The most obvious defendant is the person or entity that owns the property. This includes individuals, LLCs, trusts, and corporate owners. Tenants and lessees who exercise control over the property also bear a duty of care to people who enter. If you slipped in a restaurant, the restaurant tenant may be liable even though they do not own the building.

Property management companies that handle day-to-day maintenance and inspection responsibilities can be held liable for hazards they failed to discover or repair. The management contract often determines which party bears the maintenance obligation.

Contractors and Government Entities

General contractors and subcontractors working on a property create premises hazards during construction and renovation. Open excavations, exposed wiring, unmarked drop-offs, and construction debris all fall on the contractor if they failed to secure the work area.

Government entities in Louisiana are not immune from premises liability, but they have additional protections. Under La. R.S. 9:2800, you must prove actual or constructive knowledge of the defect and that the condition was not reasonably safe. Government premises claims also require compliance with notice provisions and shorter filing windows.

Multiple Liable Parties

When more than one party is responsible, Louisiana law allows for contribution and indemnity among defendants. This means the defendants share the financial responsibility according to their respective fault percentages. From your perspective, having multiple liable parties can strengthen your case because you are not dependent on a single defendant’s insurance limits.

Filing suit only against the property owner, without considering the management company, the contractor, or other parties, can leave available coverage on the table. Morris & Dewett investigates the ownership structure, management agreements, and maintenance contracts for every property involved in a claim.

Steps to Take After an Injury on Someone Else’s Property

What you do in the first 48 hours after a premises injury directly affects the strength of your case.

Report the incident to the property owner or manager immediately. Request a written incident report and ask for a copy. Many property owners will complete an internal report and then claim one was never made. Get your copy before you leave if possible.

Seek medical attention the same day. Even if you think the injury is minor, a medical record linking your symptoms to the location and date of the incident is essential. Insurance companies look for gaps between the incident and the first medical visit. A three-day gap gives them room to argue the injury happened elsewhere.

Document the scene before you leave. Take photos and video of the hazard that caused your injury, the surrounding area, lighting conditions, any warning signs or lack thereof, and your visible injuries. Photograph your shoes. The defense will argue about your footwear.

Identify witnesses and collect their contact information. Witness testimony about what they saw, the condition of the property, and whether any warnings were posted can corroborate your account.

Preserve the clothing and footwear you were wearing at the time. These become evidence. Do not wash them, repair them, or throw them away.

Do not give recorded statements to the property owner’s insurance company before consulting an attorney. The adjuster’s goal is to get you to say something that reduces the value of your claim or admits fault.

Request preservation of surveillance footage immediately. Commercial systems overwrite on cycles as short as 30 hours. If you do not make a formal preservation demand, the footage that proves your case may be gone before your claim begins.

How Morris & Dewett Handles Premises Liability Cases

Morris & Dewett has handled premises liability claims across Louisiana for over 25 years. The firm operates five offices statewide in Shreveport, Covington, Lake Charles, Ruston, and Minden.

The firm’s approach to premises cases starts with evidence preservation. Surveillance footage preservation demands and incident report requests go out on the day of engagement. Investigators document the property condition before the owner can make repairs. This urgency exists because the evidence that proves premises cases is time-sensitive in a way that other personal injury evidence is not.

Morris & Dewett works with structural engineers, safety consultants, and building inspectors who evaluate whether the property condition violated applicable codes and standards. These experts provide the technical foundation for proving the property owner’s negligence.

Contingency Fee

A fee arrangement where the attorney is paid a percentage of the recovery and only if there is a recovery. The client pays nothing upfront and owes no attorney fees if the case is unsuccessful.

The firm carries an AV Preeminent rating from Martindale-Hubbell and has earned over 2,498 five-star Google reviews. Morris & Dewett handles premises liability cases on a Contingency Fee basis. You pay nothing upfront and owe no attorney fees unless there is a recovery. View our case results or contact our office.