New Orleans is a city built on foot traffic: French Quarter storefronts, Garden District sidewalks, hotel lobbies, parking garages, and apartment courtyards all see a steady stream of visitors every day. Whoever owns or controls that property has a legal duty to keep it reasonably safe, and when that duty is ignored, the people who get hurt are often left with medical bills and no clear idea of who is responsible. Frischhertz & Impastato represents people injured by unsafe conditions on someone else's property, from a slip and fall to a serious assault resulting from inadequate security.
Premises liability covers a wide range of situations, and the property owner's excuse is rarely as simple as "we didn't know." Louisiana law asks a more specific question: should they have known, and what did they do about it? We investigate that question from the ground up, using maintenance records, inspection logs, and prior incident history to establish what a property owner actually knew or ignored.
Louisiana law does not automatically hold a property owner responsible just because an accident happened on their premises. Under the state's general rule for defective or dangerous conditions, an owner or the person who controls the property is liable only if they knew, or reasonably should have known, about the hazard, the harm could have been prevented with reasonable care, and they failed to take that care (La. Civ. Code art. 2317.1).
That knowledge requirement, often called actual or constructive notice, sits at the center of nearly every premises liability case in New Orleans.
Unsafe Property Conditions
Unsafe property conditions show up in more places than most people expect.
Cases we handle include:
Slip, trip, and fall accidents in stores, restaurants, hotels, and on sidewalks
Negligent security at bars, apartment complexes, hotels, and event venues
Falling merchandise, signage, or debris
Elevator and escalator malfunctions
Swimming pool accidents caused by inadequate fencing, supervision, or maintenance
Dog bites and other animal attacks, which Louisiana treats as a separate form of strict liability for dog owners (La. Civ. Code art. 2321)
Negligent Security Claims
New Orleans draws enormous foot traffic through its nightlife and tourism industry, and that comes with a documented risk of crime in certain areas and at certain hours. When a business or residential property owner or manager knows about that risk, whether from prior incidents on the property or the general character of the area, and fails to take reasonable precautions, such as adequate lighting, functioning locks, or security personnel, it can be held responsible for injuries that follow from foreseeable criminal acts.
These cases are not about blaming a property owner for someone else's crime. They are about the property owner's own failure to take reasonable steps once the risk was apparent.
Building a Premises Liability Case in New Orleans
Proving one of these claims generally means establishing that the property was in the owner's care, that a hazardous condition existed, that the owner knew or should have known about it, and that the condition caused the injury.
That last piece, the notice requirement, is usually where these cases are won or lost, which is why documenting how long a hazard existed, and what the owner did or did not do about it, matters more here than in almost any other type of injury case. As local premises liability attorneys in New Orleans, we work quickly to investigate and protect evidence that establishes cause and supports our client's claim.
A Firm That Digs Into the Details Property Owners Would Rather Ignore
New Orleans property owners and their insurers tend to argue that a hazard appeared moments before an accident, or that a claimant should have simply seen it coming. We push back on that narrative with inspection schedules, employee statements, prior complaint records, and, where available, surveillance footage that shows exactly how long a dangerous condition sat unaddressed. Across our New Orleans personal injury firm, we bring more than 85 years of combined experience to these disputes and have recovered more than $700 million for injured clients, including against property owners who initially denied any responsibility at all.
A premises liability case depends on evidence that property owners are not required to keep forever. Call a New Orleans premises liability lawyer at (504) 276-6962 as soon as possible for a free consultation.
A compilation of the Frischhertz & Impastato attorneys and staff at work and interacting with clients.
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