Shreveport Slip and Fall Lawyer

How a Shreveport slip and fall claim works under Louisiana's merchant liability statute, what you have to prove, and how long you have to file in Caddo Parish.

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Shreveport, Louisiana Slip and Fall Lawyer: Help After a Fall on Someone Else’s Property

A slip and fall claim against a Shreveport business runs through Louisiana’s merchant liability statute, which makes these cases harder than they look. Our Shreveport injury lawyers handle these matters for clients across Caddo Parish.

What a Slip and Fall Lawyer Handles After a Fall

A slip and fall lawyer represents people hurt by a dangerous condition on property controlled by someone else. That covers a wet grocery aisle, a spill in a restaurant, a torn entrance mat, an unmarked step down, a broken stair tread, and similar hazards on the floors and walkways of a business or building.

The lawyer’s job starts with identifying who actually controlled the area where you fell. It moves to preserving the proof that the hazard existed and that the owner knew or should have known about it. From there the work is documenting your injuries, calculating your losses, and dealing with the insurance carrier that covers the property. Each of those tasks has a deadline attached, and the evidence at the scene tends to disappear fast.

How a Slip and Fall Claim Differs from a Car Accident Claim

A car wreck usually turns on driver conduct in a single moment. A slip and fall claim turns on the condition of a place and what the person in control of that place did or failed to do about it over time.

That difference matters because the central question is rarely whether someone made a mistake. It is how long the hazard was there, and whether the business should have caught it and fixed it. Proving that timeline is a distinct evidentiary problem. It pulls in cleaning schedules, inspection logs, surveillance footage, and the store’s own maintenance records.

When to Contact a Lawyer After a Fall in Shreveport

The most useful moment to involve a lawyer is before the scene changes and before you give a recorded statement to anyone. Spills get mopped. Surveillance video gets overwritten on a cycle measured in days or weeks. Witnesses scatter.

A lawyer can send a preservation letter to the property owner so that footage and records are not erased. A lawyer can also handle the insurance adjuster, who often calls early and asks for a recorded statement that can later be used to shift blame onto you. None of this requires that you have already decided to file a lawsuit. It just keeps your options open while the facts are still recoverable.

Serving Shreveport and Caddo Parish

We represent injured people throughout Caddo Parish, including falls in the commercial corridors where these injuries cluster. The shopping centers along Youree Drive, the casinos and hospitality venues along the Red River, and the grocery stores, restaurants, and retailers across the parish are the everyday settings for slip and fall claims. The right court and the right defendant depend on where and how you were hurt.

The sections that follow explain what Louisiana law actually requires, who can be held responsible, what you have to prove, and how long you have to act.

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What Is the Merchant Liability Rule in Louisiana?

When you fall at a business open to the public, one statute controls the claim. La. R.S. 9:2800.6 is Louisiana’s merchant liability statute, and it governs slip and fall and similar claims against grocery stores, gas stations, restaurants, retailers, casinos, and any business open to the public. It is one of the strictest such statutes in the country, and it places the burden of proof squarely on the injured person.

What La. R.S. 9:2800.6 Requires the Claimant to Prove

To prevail under La. R.S. 9:2800.6, you have to prove three things. First, that a condition existed which presented an unreasonable and reasonably foreseeable risk of harm. Second, that the merchant either created the condition, had actual notice of it, or had constructive notice of it before the fall. Third, that the merchant failed to exercise reasonable care. The statute puts that burden on you, not on the business, and failing to prove any single element defeats the entire claim. There is no partial credit.

Why Constructive Notice Is the Hardest Element

Constructive notice is the element that most often decides a merchant case. It means the hazard existed long enough that a merchant using reasonable care would have found and addressed it. The presence of a wet floor is not enough by itself. Louisiana courts have rejected claims where there was no evidence of how long the hazard had been there.

A puddle that appeared seconds before you slipped does not satisfy that standard. A puddle that sat for an hour while staff walked past it points the other way. That is why the timeline matters more than almost anything else in these cases. How long the hazard was present, when the floor was last inspected, and who saw it are the facts that decide whether constructive notice can be shown.

How Louisiana’s Approach Differs from Other States

Louisiana runs its civil law on a code rather than on accumulated common-law precedent. A slip and fall claim against a business here starts with the merchant liability statute, not with case names the way a Texas or Mississippi claim might. The proof requirements are written into the statute itself.

The practical effect for someone injured in Shreveport is that the precise statute matters from day one. A claim against a grocery store runs through La. R.S. 9:2800.6 and its notice requirement. Sorting which provision controls is the first analytical step, and it shapes the evidence the case will need.

When Is a Property Owner Liable for a Fall in Shreveport?

A Shreveport business or property owner can be liable when a dangerous condition caused a fall, the owner failed to address it within a reasonable time, and the surrounding facts show the owner did something wrong. Owning or operating the place where someone fell is not enough on its own. The real question is whether the owner did something a reasonable owner would not have done, or failed to do something a reasonable owner would have done. Each piece of that question turns on the specific facts, and the facts are what an attorney investigates first.

The Duty a Business Owes Its Customers

A business is generally expected to use reasonable care to keep its floors and walkways in a condition that does not create an unreasonable risk of harm to customers. In practice that means inspecting for hazards, cleaning up spills within a reasonable time, and warning customers about dangers that are not obvious.

What reasonable care looks like is measured by what a sensible owner would do under the same circumstances. A busy grocery store with constant foot traffic carries a different inspection burden than a small shop with light traffic. The size of the premises, the volume of customers, and the type of hazard all shape the analysis in a given case.

What Counts as a Dangerous Condition

A dangerous condition is a defect or hazard that creates an unreasonable risk of harm. Spilled liquid on a tile floor, produce dropped in a grocery aisle, a torn entrance mat, a freshly waxed floor with no warning, an unmarked step down, or a defective handrail can each qualify when they expose customers to a risk a reasonable person would not expect to encounter.

The condition generally has to be unreasonable, not merely present. A floor is not inherently dangerous. A floor left wet for an hour in a busy aisle with no caution cone is a different matter. The analysis weighs whether the risk the condition created outweighed the burden of fixing it.

Notice and the ‘Open and Obvious’ Defense

Whether an owner is liable often turns on what the owner knew about the hazard, or should have known, and whether the owner had a reasonable chance to address it before the fall. Under La. R.S. 9:2800.6, that notice question is its own statutory element, and constructive notice is the version that comes up when no employee actually saw the spill.

Property owners often argue, separately, that a hazard was open and obvious, meaning any reasonable person would have seen and avoided it. In practice, this argument tends to be treated as one piece of the broader question of whether the condition presented an unreasonable risk of harm, rather than as an automatic shield that ends the case. That is a general description of how the argument tends to be handled, and how it plays out turns on the particular facts. Photographs of the scene, lighting conditions, sightlines, and how the hazard was situated all bear on whether the open-and-obvious argument holds up.

Who Can Be Held Liable for a Slip and Fall in Caddo Parish?

More than one party often shares responsibility for a fall on a property. The business operating the space is the obvious starting point, but the company that owns the building, the firm hired to clean or maintain it, and a government entity that controls public ground can each carry separate exposure. Identifying every responsible party early matters because each one may carry its own insurance and its own defense. A fall in a Shreveport shopping center or casino frequently involves layers of ownership and control that are not visible from the parking lot.

Stores, Restaurants, and Commercial Tenants

A business that owns and operates the building where you fell is the most direct defendant in a typical store or restaurant injury. But ownership and operation are not always the same entity. A national retailer may lease its Shreveport storefront from a separate landlord, and the lease often divides responsibility for interior conditions, parking lots, and common areas. Both the owner and the operating tenant can be named when each controlled some part of the hazard. The deed, the lease, and the maintenance agreements decide who answers for the floor you slipped on.

Property Owners and Management Companies

When an owner hires a management company to run a property, that company often controls inspections, cleaning, and hazard response. A property management firm that took on those duties can be a defendant alongside the owner. The question is control. A management contract that gave the firm authority over the area where you fell puts that firm in the case. That management agreement often names a defendant the owner’s insurer would rather you never identify.

Cleaning and Maintenance Contractors

The business that operates the space is not always the party that created the hazard. A janitorial contractor that left a floor wet, or a maintenance company that failed to repair a known defect, can carry separate liability. These contractors operate under agreements that define what they were hired to do, and a breach of those duties can place them in the lawsuit independent of the store. Identifying a contractor often requires discovery. The incident report, the service logs, and the contracts reveal who was on site and what they were responsible for.

Government Entities and Public Property

A fall on public property in Caddo Parish, including parish buildings, sidewalks, and other government-controlled ground, brings a public entity into the picture. Whether the public entity had notice of a defect and a reasonable chance to fix it is a question to investigate early, and the procedural requirements for suing a government body differ from those for suing a private owner. Public-property claims reward fast action. Confirm which entity controlled the location, because parish, municipal, and state responsibility can each attach to different stretches of the same area.

What Must You Prove to Win a Louisiana Slip and Fall Claim?

When the claim is against a business, La. R.S. 9:2800.6 makes the burden exacting. The claimant must prove every statutory element, and failure to prove any single one defeats the entire claim. That structure is why these cases turn on preparation rather than sympathy. A reasonable person can see a wet floor caused a fall and assume the store owes something. The statute asks for more.

Element 1: The Defendant Controlled the Premises

You first have to connect the injury to the right defendant. Responsibility attaches to the party that owned, occupied, or had custody and control of the premises where the hazard existed. That is not always the name on the deed. A national retailer may lease the building, a separate company may manage the parking lot, and a janitorial contractor may handle the floors. Each can carry a different slice of responsibility. Naming only one when several controlled the space can leave fault sitting with a party you never sued.

Element 2: An Unreasonable Risk of Harm

Not every hazard is a legal hazard. You have to show the condition presented an unreasonable, reasonably foreseeable risk of harm. A small puddle in a clearly marked, freshly mopped area may not meet that bar. A spill left for an hour in a busy aisle with no warning cone usually does. The element rewards specificity. A claimant who can describe exactly how the condition created a foreseeable danger has the strongest footing. Describe what the danger was and why a careful business should have caught it.

Element 3: The Merchant Created or Had Notice of the Condition

A merchant cannot fix a danger it had no way to know about, so notice is its own element. You must show the merchant created the condition, had actual knowledge of it, or had constructive knowledge, meaning the condition existed long enough that a reasonably careful merchant should have found and addressed it. This is frequently the element that decides a merchant case. A claimant who cannot put a clock on the hazard, even roughly, has trouble proving the merchant should have known. Records, video, and witnesses establish how long the danger sat there; guessing is not evidence.

Element 4: The Condition Caused Your Injury and Damages

The final element is causation tied to actual harm. You have to prove the dangerous condition caused your injury, and that the injury produced real damages. The merchant’s failure to use reasonable care has to be the reason you were hurt, not a pre-existing problem or an unrelated event. Defense lawyers attack this link hard, often arguing the injury came from something other than the fall. Medical records that connect the incident to the diagnosis carry this element. So does a clear, consistent account of how the fall happened.

What Evidence Helps Prove a Slip and Fall Case?

A slip and fall case rests on evidence that documents the dangerous condition and connects it to the business that controlled the floor. The strongest files capture the hazard itself, show how long it had been there, and tie the injury to that exact condition. Much of that proof disappears within hours. A wet floor gets mopped. Surveillance video loops over itself. The evidence below is what turns a he-said, she-said dispute into a documented claim, and when you gather it often shapes the result.

One practical point shapes everything that follows. Because constructive notice under La. R.S. 9:2800.6 turns on how long the hazard existed, showing that a hazard was present is rarely the whole job. The most useful evidence captures the timeline. A spill with dried edges tells a different story than a fresh one. So when you decide what to photograph, who to talk to, and which records to request, gather proof that documents how long the condition had been there, not just the hazard at a single instant.

Surveillance Footage and Incident Reports

Many Shreveport stores, casinos, and shopping centers run security cameras. That footage can show the scene before and after the fall, including who was nearby, what staff did, and how long the hazard had been on the floor. Because the time element decides most merchant cases, this footage is often the single most valuable piece of evidence. It is also the first thing that gets overwritten, often on a 30 to 60 day loop, sometimes sooner. A letter demanding the footage be preserved should go out fast, because once it records over itself, it is gone for good.

Incident reports are the other early record. When you report a fall, the business usually fills out an internal form noting the date, time, location, and condition. That report can lock the owner into facts about the scene and what staff observed. Getting a copy, or at least confirming one exists, matters before memories and paperwork drift.

Photos and Video of the Hazard

Photographs taken at the scene, before anyone cleans up, are the backbone of a slip and fall file. Capture the hazard from multiple angles, with something for scale. Show the surrounding area, the lighting, and any missing warning signs. A photo of a puddle with dried edges or tracked-through footprints captures detail about how long it had been there that a single quick snapshot misses. Cell phone video that pans the scene preserves context a still cannot. Photograph your footwear and your visible injuries too.

Cleaning Logs and Inspection Records

Businesses keep records of when floors were cleaned, when inspections happened, and when spills were addressed. These documents cut both ways, and that is exactly why they matter. A cleaning log gives a concrete timestamp for the last sweep. An inspection record with a gap fills in the operational history around the fall. These records usually surface through formal discovery once a claim is filed, which is one reason early legal involvement helps. A capable attorney knows which logs to demand and how to read a sparse maintenance file for what it leaves out.

Witness Names and Medical Records

People who saw the fall, or who noticed the hazard before it caused harm, add detail no document can. A shopper who recalls seeing the spill earlier fills out the timeline in ways photos cannot. Get names and phone numbers at the scene, because witnesses scatter and a store rarely volunteers their contact information later. A statement taken close to the event carries more weight than one reconstructed months down the road.

Medical records connect the injury to the fall and document its severity. Prompt treatment creates a clean record tying the diagnosis to the incident date. A gap between the fall and the first doctor visit gives the defense room to argue the injury came from something else, so the timeline in those records matters.

How Long Do You Have to File a Slip and Fall Lawsuit in Louisiana?

For a Shreveport fall that happened on or after July 1, 2024, you have two years to file suit. Louisiana changed its deadline that summer. Before then, the window was one year, and that older rule still controls older accidents. The date you fell decides which clock applies, so the first thing to pin down in any slip and fall case is when the injury happened.

The Two-Year Prescriptive Period

Under La. C.C. Art. 3493.1, delictual actions are subject to a liberative prescription of two years. A slip and fall claim is a delictual action, so this is the deadline for a fall that occurred on or after July 1, 2024. The statute states that prescription commences to run from the day the injury is sustained. The clock starts on the date of the fall, not the date you finished treatment or decided to bring a claim. Two years sounds like a long time. It is not, once you account for medical care, evidence preservation, and the back and forth with an insurer before a suit ever gets filed.

Why Older Accidents May Still Carry a One-Year Deadline

The two-year period does not reach backward. La. C.C. Art. 3493.1 applies the two-year period to injuries sustained on or after July 1, 2024, while injuries before that date remain governed by the prior one-year prescriptive period for delictual actions. Most one-year deadlines from that era have already run. If your fall predates the change, treat the one-year mark from the injury date as the operative cutoff and confirm it before assuming anything. The law in effect on the day of the injury controls the deadline.

What Happens If You Miss the Deadline

Miss the prescriptive period and the property owner can raise it as a defense. A court that finds the claim prescribed will dismiss it, no matter how clear the liability or how serious the injury. That is why the date of the injury is the first fact to confirm and the deadline is the first thing to calendar. If you are unsure which period applies to your Shreveport fall, have it checked against the injury date well before either the one-year or two-year mark.

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Past results do not guarantee future outcomes; each case is decided on its own facts. See our full case results.

How Does Louisiana’s Comparative Fault Rule Affect Your Slip and Fall Case?

The percentage of fault assigned to an injured person changes what a slip and fall claim is worth. Louisiana’s comparative fault rule lives in La. C.C. Art. 2323, and that one article ties the size of a damage award to how blame gets divided between the parties.

What Article 2323 Says

La. C.C. Art. 2323 is the source for how fault divides a damage award, and the version that governs a claim depends on when the cause of action arose. For causes of action arising on or after January 1, 2026, the article provides that a person found 51 percent or more at fault collects nothing. At 50 percent or less, it reduces damages by the assigned percentage, so a person found 30 percent at fault on a $100,000 claim is left with $70,000. Causes of action that arose before January 1, 2026 are governed by the prior text of the same article. The date the injury occurred decides which version applies, so that date is one of the first facts an attorney pins down.

How Stores Argue You Were Partly at Fault

The fault percentage is the defense’s main tool for shrinking a slip and fall claim. Insurers and property owners rarely deny that a hazard existed. They argue instead that the injured person shares the blame for walking into it. Common arguments are that the person was looking at a phone, wore unsuitable footwear, ignored a visible warning cone, or entered an area not meant for customers.

Each of these arguments tries to push the assigned percentage higher. Under La. C.C. Art. 2323, for a cause of action arising on or after January 1, 2026, pushing the injured person past 50 percent ends the claim entirely. That threshold gives the defense a strong incentive to build the shared-fault story early. It is also why what a person says to an adjuster in the days after a fall carries weight far beyond the moment. Declining to give a recorded statement before consulting an attorney guards against early admissions that get recast as fault.

What Compensation Can You Recover in a Shreveport Slip and Fall Case?

Compensation in a Louisiana slip and fall case falls into two broad categories: economic damages, which cover measurable financial losses, and general damages, which cover harm that has no receipt. An injured person who proves the merchant’s liability can pursue past and future medical costs, lost income, reduced earning capacity, and pain and suffering. The specific dollar value depends on the severity of the injury, the medical proof, and the percentage of fault assigned to each party. Louisiana places no statutory cap on general damages in standard slip and fall claims.

Medical Expenses and Lost Income

Medical expenses are usually the most concrete part of a claim because they come with bills and records. Past medical costs include emergency treatment, surgery, hospital stays, imaging, and physician visits tied to the fall, proven with billing records and the treating providers’ notes. Future medical costs matter when an injury requires ongoing care, and they are proven through medical testimony projecting what the injury will require and what it will cost.

Lost wages cover income you did not earn because the injury kept you from working, proven with pay records, tax returns, and an employer’s statement of missed time. Diminished earning capacity is a separate and often larger category. It compensates for the injury’s effect on your ability to earn going forward, and proving it usually requires vocational and economic testimony comparing pre-injury and post-injury earning potential.

Pain and Suffering and Wrongful Death

Pain and suffering falls under what Louisiana calls general damages: harm that cannot be measured with a bill. General damages cover physical pain, mental anguish, scarring, loss of enjoyment of life, and the disruption an injury brings to daily activities. There is no fixed formula. A judge or jury assigns a figure based on the evidence of how the injury affected the person, so consistent medical treatment and a clear record of physical limitations matter.

When a fall causes death, Louisiana law creates two distinct claims. A survival action under La. C.C. Art. 2315.1 belongs to the deceased person’s estate and compensates for the harm the victim suffered before death. A wrongful death action under La. C.C. Art. 2315.2 belongs to surviving family members and compensates them for their own losses. The statute sets an order of who may bring these claims, beginning with a surviving spouse and children.

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Founding partners Trey Morris and Justin Dewett lead every Shreveport injury case Morris & Dewett takes.

What Steps Should You Take Immediately After a Fall in Shreveport?

The most important moves happen in the first hours and days after a fall, while the scene still looks the way it did when you slipped and while witnesses still remember what they saw. Conditions change fast. A spill gets mopped, a warning cone gets placed after the fact, and a security camera overwrites its footage on a loop that may run only a few days. The steps below protect both your health and the facts a claim later depends on.

  1. Seek Medical Attention and Document Your Injuries

    Get medical care first, even if you think the injury is minor. Adrenaline masks pain, and conditions like concussions, soft-tissue damage, and fractures often show up hours or days later. A prompt visit to an urgent care, emergency room, or your doctor creates a dated medical record tied to the fall. A gap between the fall and your first visit gives a property owner room to argue the injury came from something else. Tell the provider how and where you were hurt, and keep every discharge paper, prescription, and bill.

  2. Report the Fall to the Store or Property Manager

    Notify the store manager or whoever is in charge before you leave. Many businesses fill out an internal incident report, and you want one created while details are fresh. Ask for a copy or write down the name of the person who took the report. Keep your account factual. State what happened and where, without speculating about who is at fault or downplaying how you feel. A written record that an incident occurred, on a specific date, at a specific spot, is what you are after.

  3. Photograph the Hazard Before It Changes

    Use your phone to photograph the exact condition that caused the fall, from several angles and distances. A wet floor, a torn mat, a missing warning cone, a cracked walkway. Capture the hazard itself, the surrounding area, and anything that shows how long it had been there, such as dried edges or tracked-through footprints. Note the time and lighting. Once the business cleans the condition, these images may be the only proof of how the scene looked at the moment you fell.

  4. Collect Witness Names and Demand the Footage

    Get names and phone numbers from bystanders, other customers, or employees willing to share them. A neutral witness who has no stake in the outcome carries real weight, and even one who only noticed the spill ten minutes earlier can speak to how long the danger existed. Because surveillance footage is overwritten on a short cycle, the demand to preserve it should go out fast, which is one of the first things a lawyer does on these cases.

  5. Preserve Evidence and Avoid Recorded Statements

    Keep the clothes and shoes you were wearing, unwashed, in a bag. Save your receipts and anything that places you at the property. An insurance adjuster may call within days asking for a recorded statement. You are not obligated to give one, and casual phrasing can be used later to suggest you were careless. It is reasonable to decline a recorded statement and consult a lawyer first.

Where Slip and Fall Claims Are Filed in Shreveport and Caddo Parish

The First Judicial District Court serves Caddo Parish and hears civil slip and fall cases filed in Shreveport. The courthouse is at 501 Texas Street. This is where your lawsuit is filed, where depositions are scheduled, and where your case goes to trial if it does not settle. Cases arising from falls in Bossier Parish are filed in the 26th Judicial District Court rather than the First Judicial District.

Claims against state entities and public bodies require different handling, and the procedural rules layered on top of the prescriptive period differ from those for a private business. Caddo Parish Clerk of Court filings and Caddo Parish Sheriff’s Office incident records are investigative resources for establishing a property’s prior history of complaints or accidents. This public record research is a standard part of case development in slip and fall matters.

Why Hire a Local Shreveport Slip and Fall Lawyer?

A local lawyer brings two practical things to a slip and fall case that a distant firm cannot: working knowledge of the courthouse where the case will be filed, and habits built for the way courts here actually run. Both matter from the first week, because slip and fall evidence in Shreveport disappears fast.

Knowledge of the First Judicial District Court

An attorney who practices in Caddo Parish knows the First Judicial District Court at 501 Texas Street, who the judges are, and how local dockets tend to move. That familiarity comes from practice experience, not from a brochure. It shapes the early choices in a case, from scheduling to how evidence gets presented.

Speed in Preserving Evidence

Slip and fall evidence has a short life. Wet floors get mopped. Surveillance video gets overwritten on a fixed cycle. A local attorney can dispatch an investigator to a Shreveport property fast, send a preservation letter before footage is lost, and document a hazard while it still exists. Because constructive notice under La. R.S. 9:2800.6 turns on the timeline, that footage and those cleaning logs are exactly the proof that decides the case. Speed in the first week often decides whether the time element can still be proven months later.

Handling Insurers That Cover Shreveport Properties

Commercial properties, landlords, and management companies carry liability insurance, and their carriers handle slip and fall claims the same way everywhere: by disputing notice, blaming the injured person, and minimizing payouts. An attorney who has dealt with these adjusters knows the arguments before they arrive. A lawyer who anticipates the carrier’s notice defense gathers cleaning logs and inspection records early, rather than scrambling after a denial.

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Reviews reflect individual client experiences. Past results do not guarantee future outcomes.

How Much Does a Shreveport Slip and Fall Lawyer Cost?

Slip and fall lawyers in Shreveport almost always work on a contingency fee, which means you pay no attorney fee unless the case produces compensation. The fee comes out of the settlement or judgment as an agreed percentage, not out of your pocket at the start. That structure matters to someone hurt at a store or casino who is already paying medical bills and missing work. You can have an experienced lawyer review the case without spending anything to learn where you stand.

Contingency Fee Representation

Under a contingency fee, the lawyer’s payment depends on the outcome. If the claim produces nothing, you owe no attorney fee. If it settles or wins at trial, the fee is a percentage of the amount obtained, set out in advance. In Louisiana, the agreement between attorneys and clients has to be put in writing, and it must state how the fee is calculated, including the percentage and how expenses are handled. The written fee terms lay out the math before you sign, not after the case resolves.

Free Slip and Fall Case Review

The initial review of a slip and fall matter is typically free. A fall claim turns on facts a lawyer can assess early: who controlled the property, what the dangerous condition was, whether anyone reported it, and what evidence still exists. None of that costs you anything to discuss. Bring the incident report if you have one, photos of the hazard, and the names of anyone who saw what happened. You can schedule a free case review to go over where your claim stands.

Frequently Asked Questions

What do I have to prove in a slip and fall case against a Shreveport store?
A claim against a business runs through La. R.S. 9:2800.6 , Louisiana's merchant liability statute. You have to prove three things. First, that a condition existed that presented an unreasonable and reasonably foreseeable risk of harm. Second, that the merchant either created the condition or had actual or constructive notice of it before the fall. Third, that the merchant failed to exercise reasonable care. The statute puts that burden on you, the injured person, and failing to prove any single element defeats the whole claim. Constructive notice is the element that most often decides these cases, because it requires evidence of how long the hazard existed before you fell.
What is constructive notice and why does it matter so much?
Constructive notice means the hazard existed long enough that a merchant using reasonable care would have found and addressed it. Under La. R.S. 9:2800.6 , proving the merchant knew or should have known is its own element, and constructive notice is the version that comes up when no employee actually saw the spill. The presence of a wet floor is not enough by itself. You have to put a clock on the hazard. A puddle that appeared seconds before you slipped does not satisfy the standard. A puddle that sat for an hour while staff walked past it points the other way. That is why surveillance timestamps, cleaning logs, and inspection records are the evidence these cases turn on.
How long do I have to file a slip and fall lawsuit in Louisiana?
For a fall on or after July 1, 2024, you have two years from the date of injury under La. C.C. Art. 3493.1 . The clock starts on the day the injury was sustained, not the day you finished treatment or decided to bring a claim. Louisiana changed this deadline that summer; before then, the window was one year, and that older rule still controls older accidents. The date you fell decides which period applies, so confirming the date of the incident is the first step in any slip and fall case. Two years is less time than it sounds once you account for medical care, evidence preservation, and dealing with the insurer before suit is filed.
What if the store blames me for the fall?
Being blamed does not end the claim. Louisiana follows comparative fault under La. C.C. Art. 2323 , which assigns a percentage of fault to each party. For a cause of action arising on or after January 1, 2026, the rule has a ceiling. A person found 51 percent or more at fault recovers nothing, while a person 50 percent or less at fault has damages reduced by that percentage. A person 30 percent at fault on a $100,000 claim is left with $70,000. Stores and their insurers routinely argue you were looking at a phone, wore the wrong shoes, or walked past a warning sign, because every percentage point they shift onto you lowers what they pay. Documenting the hazard and what you were doing when you fell answers that argument with facts.
Why does surveillance footage matter, and how fast does it disappear?
Surveillance footage can show the scene before and after the fall, including who was nearby, what staff did, and how long the hazard had been there. Because constructive notice under La. R.S. 9:2800.6 turns on how long the condition existed, that timeline footage is often the single most useful piece of evidence in a merchant case. It is also the first thing to disappear. Many store systems overwrite footage on a loop measured in days or weeks, sometimes sooner. A written demand to preserve the footage should go out fast, because once the system records over it, it is gone for good.
Can I file a slip and fall claim if I was hurt at a government building in Caddo Parish?
Yes, but claims against a public entity follow stricter rules than claims against a private business. A parish, the City of Shreveport, or a state agency answers for a defective condition on public property differently than a store does, and the procedural requirements for suing a government body differ from those for suing a private owner. Whether the public entity had notice of the defect and a reasonable chance to fix it is a question to investigate early. Public-property claims often carry shorter practical windows for preserving evidence, so acting promptly matters more here than in a private claim. Confirm which entity controlled the spot where you fell, because parish, municipal, and state responsibility can each attach to different stretches of the same area.

Last updated June 17, 2026