Rain-slicked sidewalks, uneven brick pavers in the French Quarter, streetcar tracks, and a restaurant floor mopped during a dinner rush all create the same result: a split-second fall that can mean a broken wrist, a head injury, or months of recovery. What surprises a lot of people is that Louisiana does not treat every fall the same way under the law. A fall inside a store or restaurant is governed by a specific statute that puts a real burden on the injured person, one that goes further than simply showing a hazard existed.
Frischhertz & Impastato handles slip and fall claims throughout the greater New Orleans area, and this statute is exactly why having someone who understands it from the start matters. A fall on a business's floor and a fall on a poorly maintained private walkway are not proven the same way in Louisiana, and treating them as if they were is one of the more common mistakes we see in these cases.
Call (504) 276-6962 for a free consultation. Our New Orleans slip and fall lawyers can explain your rights and how to proceed with a claim.
When a fall happens inside a store, restaurant, hotel, or similar business, Louisiana's merchant liability statute requires the injured person to prove three separate things, not just that a hazard was present (La. R.S. 9:2800.6).
A person injured in a slip and fall on a merchant's property must prove:
The condition created an unreasonable and reasonably foreseeable risk of harm.
The business itself created the hazard, or had actual or constructive notice of it before the fall.
The business failed to exercise reasonable care once that notice existed.
Missing any one of these three elements is generally enough for a court to dismiss the claim entirely, which is what makes this statute so much more demanding than an ordinary negligence case.
These cases are more challenging and complex than typical personal injury matters, but our New Orleans slip and fall accident attorneys are positioned to deliver effective counsel. We know precisely how to investigate and build premises liability cases of this kind to prove each element and pursue fair compensation.
What Counts as Constructive Notice
Most disputed slip and fall cases come down to the second element: notice. Louisiana law defines constructive notice as a hazard existing long enough that the business would have discovered it through reasonable care. Simply having an employee somewhere nearby is not, by itself, enough to prove that notice existed. In practice, this means the timeline matters immensely. A spill that sat for 30 seconds tells a very different story than one that sat for 30 minutes, and proving which one occurred often depends on surveillance footage, inspection logs, or employee schedules that a business is under no obligation to preserve once a routine deletion cycle kicks in.
Our team works quickly to investigate slip and fall claims, acting to preserve evidence and secure footage that can prove constructive notice. Every detail matters; we overlook nothing.
When the Property Isn't a Business
Not every fall happens on a merchant's floor. Falls on a private homeowner's steps, in an apartment complex courtyard, or on a cracked public sidewalk are generally judged under Louisiana's broader rule for property owner liability rather than the merchant-specific statute above.
The practical difference matters: these cases hinge on whether the owner knew or should have known about the defect, without the added three-part framework that applies specifically to commercial floors and aisles.
Where Falls Happen Most in New Orleans
In the New Orleans area, there are a few places where slip and fall accidents are more likely:
Wet or freshly mopped floors in restaurants, bars, and hotel lobbies
Grease buildup near kitchens and food service areas
Uneven, cracked, or heaving sidewalks common throughout the French Quarter and Garden District
Loose mats, rugs, or transition strips at building entrances
Standing water and drainage issues after New Orleans' frequent heavy rain
Poorly lit stairwells and parking structures
What to Do After a Slip and Fall Accident
A slip and fall can happen unexpectedly, leaving you dealing with pain, medical concerns, and uncertainty about what to do next. Taking a few important steps after the accident can help protect your health and preserve information that may be relevant to a potential claim.
Report the accident. Notify the property owner, manager, or another responsible person as soon as possible. Ask that an incident report be completed and request a copy for your records.
Document the scene. If your condition allows, take photographs or videos of the area where you fell. Capture the hazard that caused the accident, as well as surrounding conditions such as poor lighting, uneven flooring, spilled liquids, or missing warning signs. If there were witnesses, obtain their names and contact information.
Seek medical attention. Some injuries may not cause significant symptoms immediately. Getting evaluated by a medical professional can help identify injuries and create documentation of your condition. Follow your provider’s recommendations and keep records of medical visits, bills, prescriptions, and related expenses.
Preserve relevant evidence. Keep the clothing and shoes you were wearing when the accident occurred, particularly if they may help demonstrate what happened. Avoid throwing away or altering potentially relevant items.
Be cautious when discussing the accident. Provide accurate information when reporting your fall, but avoid making assumptions about who was responsible or making statements that minimize your injuries. Do not post details about the accident or your injuries on social media.
If you were injured in a slip and fall caused by a hazardous condition on someone else's property, discussing the circumstances with a qualified personal injury attorney may help you understand your legal options.
A Statute Insurers Like to Use as a Shield
Because Louisiana's merchant statute sets such a specific, three-part test, defense attorneys often try to get slip and fall cases thrown out on a technicality rather than argue the facts at all: no proof of notice, no case, regardless of how serious the injury was. Our attorneys have built cases against that exact tactic, and part of that work is refusing to let a case rise or fall on a single missing piece of paper. We have recovered more than $700 million for clients, built case by case on the kind of documentation a defense team hopes was never collected.
If you fell on someone else's property, the clock is already working against the evidence that proves your case. Contact a slip and fall lawyer in New Orleans now.
A compilation of the Frischhertz & Impastato attorneys and staff at work and interacting with clients.
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