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Slip and Fall Cases in Louisiana

Posted on: Oct 29, 2025
News: Committees
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Slip and fall cases are both common and challenging. In Louisiana, however, these claims are unique: the burden of proving and winning a slip and fall case rests heavily on the injured plaintiff. For a plaintiff to recover damages for a slip and fall that occurs in a merchant’s store, La. R.S. 9:2800.6 places the burden on the injured party to prove (1) that the condition that caused the incident presented an unreasonable risk of harm that was reasonably foreseeable, (2) that the merchant either created the condition or had actual or constructive notice of the condition which caused the damage prior to the occurrence, otherwise known as the constructive notice element, and (3) that the merchant failed to exercise reasonable care. Failure to prove any one of these elements may be fatal, among them, constructive notice is almost always the most challenging element. In practice, this requires the plaintiff to show not just the presence of a foreign substance or hazard, but that it was there long enough to be discovered through routine inspections.

Given the high burden of proof, especially regarding constructive notice, strong and timely evidence is essential. Proving a slip and fall claim often requires photos or videos of the hazard causing the incident and documentation of injury and effects of such. Preservation of surveillance footage by sending early spoliation letters are critical to support or defeat constructive notice. Depositions of store employees can provide insight into inspection routines and whether the condition was actually known or should have been known. Slip and fall cases are far more complex than they may initially appear.  For defense attorneys, this often creates strong grounds for summary judgement. For plaintiff's counsel, investigation and evidence gathering is critical to overcome hurdles such as constructive notice. A thorough understanding of the legal standard is essential to litigate or defend these cases effectively and efficiently for clients.

About the Author...

Claire Colomb
Gailmor Law Group

Written on behalf of the Personal Injury Law Committee.