# Slip and fall lawyer in Baton Rouge > Premises liability claims, which in Louisiana are genuinely harder than most people expect. The firm takes them where the liability picture is clear. Canonical page: https://www.taddalaw.com/practice-areas/slip-and-fall/ Premises liability claims, which in Louisiana are genuinely harder than most people expect. The firm takes them where the liability picture is clear. Erik Tadda describes slip and fall matters as among the hardest cases the firm sees. That is not a reason to avoid them; it is a reason to be straight with you about what the law requires before either of us spends time on it. ## Why these cases are difficult in Louisiana Louisiana has a merchant liability statute, [La. R.S. 9:2800.6](https://legis.la.gov/Legis/Law.aspx?d=107268), that sets a high bar. It is not enough to show that you fell and that something on the floor caused it. In a fall at a store or similar business, the person who fell has to prove three things in addition to everything else, set out in the table below. The second element is where most claims succeed or fail. Where an employee created the hazard, it answers itself. Where another customer did, the case turns on how long the hazard was there, which is often the hardest fact to establish. ### What a person who falls at a business must prove, in addition to the usual elements | Element | In plain terms | Source | | --- | --- | --- | | Unreasonable risk | The condition presented an unreasonable risk of harm that was reasonably foreseeable | [La. R.S. 9:2800.6(B)(1)](https://legis.la.gov/Legis/Law.aspx?d=107268) | | Notice | The merchant created the condition, or had actual or constructive notice of it before the fall | [La. R.S. 9:2800.6(B)(2)](https://legis.la.gov/Legis/Law.aspx?d=107268) | | Lack of reasonable care | The merchant failed to exercise reasonable care; the lack of a written cleanup policy alone is not enough to prove it | [La. R.S. 9:2800.6(B)(3)](https://legis.la.gov/Legis/Law.aspx?d=107268) | ## Constructive notice, in plain terms The statute defines constructive notice as proof that the condition existed long enough that it would have been discovered if the merchant had exercised reasonable care. It also says that an employee simply being nearby is not enough on its own, unless the employee knew or should have known about the hazard. The practical consequence is that the strongest premises cases are the ones where the answer is documented: an employee created the hazard, a report was made, or a camera recorded how long it had been there. ## Video changes these cases More premises now carry cameras than a decade ago, which has made some of these claims provable that previously were not. Footage also loops over quickly, so the request has to be made early. ## What to document, and quickly Photograph the hazard before it is cleaned up, because it will be. Note the time, ask whether an incident report was made and ask for a copy, and get the names of anyone who saw it happen or who was working nearby. If the premises has cameras, the footage request needs to be made early. These systems record over themselves, often within days, and a recording that would have decided the case is routinely gone before anyone asks for it. ## Where these claims come from Retail floors and grocery aisles are the ones people picture, and they are common, but premises claims also arise from poorly maintained stairs and handrails, unlit walkways and parking areas, and hazards left in a rental property that a landlord knew about. The merchant statute applies to businesses that sell goods at a fixed place, and to similar areas of hotels. Falls elsewhere are governed by other provisions of Louisiana law, but the analysis is similar: what the property owner knew, or should have known, and whether there was a reasonable opportunity to fix it before someone was hurt. ## What a premises claim can cover The same categories as any [personal injury claim](https://www.taddalaw.com/practice-areas/personal-injury/): medical treatment, lost earnings, and general damages for pain and loss of enjoyment of life. The difficulty in these cases is rarely the damages. It is liability. Falls produce the injuries that change a working life more often than people expect: fractured wrists and hips, knee and shoulder damage, and back injuries. The firm’s page on [serious and specific injuries](https://www.taddalaw.com/practice-areas/specific-injuries/) explains how those claims are proved. ## Your own share of fault A merchant will often argue that the hazard was open and obvious or that the person who fell was not watching. Louisiana divides fault by percentage, and under [Civil Code article 2323](https://legis.la.gov/Legis/Law.aspx?d=109387) as amended effective January 1, 2026, a person found 51 percent or more at fault recovers nothing. That is one more reason the early evidence matters. ## What to expect from the first call A straight answer about whether the liability picture supports a claim, and if it does not, why. That candor is not reluctance. Where an employee created the hazard, or where footage exists, these claims are provable and worth bringing. The consultation is free either way, and it is one on one with an attorney. ## The attorneys who handle premises claims. Rick Tadda and Sarah Tormey both list slip and fall and premises liability among their practice areas, and Erik Tadda lists premises liability. Each will tell you at the first meeting whether the liability picture supports a claim. - [Rick Tadda](https://www.taddalaw.com/attorneys/rick-tadda/), Attorney - [Sarah D. Tormey](https://www.taddalaw.com/attorneys/sarah-d-tormey/), Attorney ## Common questions ### Does the firm take every slip and fall case? No. These are among the hardest cases to prove in Louisiana, and the firm is candid at the first meeting about whether the liability picture supports a claim worth pursuing. Where an employee created the hazard, where a report was made, or where footage exists, these claims can be proved and are worth bringing. ### What do I have to prove after a fall in a store? Under La. R.S. 9:2800.6, in addition to the usual elements, that the condition presented an unreasonable and foreseeable risk of harm, that the merchant created it or had actual or constructive notice of it before the fall, and that the merchant failed to exercise reasonable care. The notice element is usually the hardest. ### What is constructive notice? Proof that the hazard existed long enough that the merchant would have discovered it by exercising reasonable care. The statute says an employee merely being nearby is not enough on its own, unless the employee knew or should have known about the condition. How long the hazard was there is often the deciding fact. ### What should I do right after a fall? Photograph the hazard before it is cleaned up, note the time, ask whether an incident report was made and request a copy, and get the names of witnesses and nearby employees. If there are cameras, ask early; footage is often recorded over within days. Then get checked by a physician and tell them everything that hurts. ### Can the store blame me for not watching where I was going? It can try, and it often does. Louisiana divides fault by percentage, and under Civil Code article 2323 as amended effective January 1, 2026, a person found 51 percent or more at fault recovers nothing. Photographs, witnesses, and footage are what answer that argument. ## Sources - [La. R.S. 9:2800.6, burden of proof in claims against merchants](https://legis.la.gov/Legis/Law.aspx?d=107268): The three elements and the definition of constructive notice. - [Louisiana Civil Code article 2323, comparative fault](https://legis.la.gov/Legis/Law.aspx?d=109387): The 51 percent rule, effective January 1, 2026. - [Louisiana Civil Code article 3493.1, prescription](https://www.legis.la.gov/Legis/Law.aspx?d=1386443): The two year deadline for injury claims. ## Contact - Firm: The Tadda Law Firm - Address: 4660 O'Neal Lane, Suite A, Baton Rouge, LA 70817 - Phone: (225) 756-0007 (accepts calls and texts) - Toll free: (800) 487-5562 - Email: info@taddalaw.com - Hours: Monday to Friday 08:00 to 17:00. Saturday and Sunday closed. - Consultations: Free same-day consultations, one on one with an attorney. - Google rating: 5.0 from 311 reviews. --- This page is general information, not legal advice. Reading it does not create an attorney client relationship. Past results do not guarantee or predict a similar outcome in any future case.