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Slip and Fall

When someone has a slip and fall case in Louisiana, there are a lot of rules and statutes that can influence the case and its outcome. Slip and fall cases happen when someone has a slipping accident and falls and becomes injured. This is a highly common problem that can be caused by a multitude of factors. Among the many causes of this event is negligence on the part of someone else. The property owner may have been negligent in any number of ways so the accident was more likely to happen. That’s why these cases are often brought against the property owner.

When filing a suit against the property owner, there are a couple of essential factors that will have a big impact on the case. One of these is the statute of limitations for the case in Louisiana, and the other is the comparative negligence rule. Both of these will determine whether you can sue and what the outcome might be. If you understand these two laws, you can better understand how good your case is and when you can file suit against someone responsible for your injuries.

Louisiana’s Statute of Limitations for Slip and Falls

The statute of limitations is a state law that gives you a time limit on how long you have to file a suit in Louisiana’s court system. The exact statute of limitations that pertain to your case will depend on your type of case. Just like most other states, this law that is valid for slip and fall cases in the state is generally the same rule that covers any type of personal injury suit. In Article 3492 of the Louisiana Civil Code, the statute of limitations is set at one year. The year starts from the day that the person was injured. If you’ve been injured, you have a full year to file suit to get compensation for your injuries. This rule includes any cases that are filed for injuries that are caused by a slip and fall because of property that is defective or dangerous.

To file a suit, it has to be within that year. Once the deadline has passed, there’s generally no way to do so. If you were to file, the defendant can simply have the case dismissed due to missing the deadline for filing. There are a few cases, however, when a personal injury lawyer can get a pause in the time clock so that you can have more time to file a suit. Your personal injury attorney will know whether this could be applied to your case if needed. Some people don’t worry about the statute of limitations because they expect their case to be settled out of court. However, you need to have enough time to file suit just in case that doesn’t happen.

Assessing Comparative Negligence

Louisiana has shared at-fault laws that will also be a big factor in the outcome of your case. Once you claim an injury due to a slip and fall, there are many different ways that the fault for the accident can be allocated. The person at fault for the accident may be the owner of the building, or you and the owner may share fault for it. The property owner may claim that you are also responsible for the injuries so that they don’t have to pay for the entirety of the resulting bills. If any of the fault is judged to be yours, this will lower the amount that you can receive compared to what you could’ve gotten if it was all the owner’s fault. Generally, the defendant will want to tailor the settlement amount they offer based on how much fault you have.

Article 2323 of the Louisiana Civil Code states that if there is a dual fault for an accident, the amount that is recovered will be reduced by the amount of fault the victim has in the accident. This goes for anyone who suffered from injury, loss, or death from negligence. If the injury victim had been drinking, for example, the amount of damages that they can expect would be lower than if they hadn’t been drinking. Many things can contribute to fault on the part of the injured party. Your personal injury attorney will be able to tell you what degree of fault you may have because of the circumstances around the slip and fall.

Get Help from a Louisiana Injury Attorney

If you’ve had a slip and fall and have injuries, pain, or expenses because of the accident, The Morgan Law Group can help. Contact us to talk to a personal injury lawyer about the case you have. We’re a proven firm with a great deal of experience in slip and fall cases. When you need a personal injury attorney, contact us and let us know about your accident.