Louisiana Personal Injury Lawyer Blog
The following case dives into the world of “slip and fall” lawsuits in Louisiana, where the law sets specific requirements for holding merchants liable for injuries on their premises.
Case Background
Gwendolyn Thibodeaux fell while shopping at a Super 1 Foods store in Lafayette. Although the fall was captured on video, the cause was not immediately clear. Ms. Thibodeaux sued Super 1, alleging they were negligent in keeping their floors safe. After a trial, the court ruled in favor of Super 1, finding that Ms. Thibodeaux failed to prove the store’s liability under Louisiana law.
Louisiana’s Merchant Liability Law
Louisiana Revised Statute 9:2800.6 outlines the duty of care merchants owe to their customers. To win a slip and fall case, a plaintiff must prove:
- Unreasonable Risk of Harm: A condition existed that presented an unreasonable risk of harm, and that risk was reasonably foreseeable.
- Merchant’s Knowledge: The merchant either created the condition or had actual or constructive notice of it.
- Failure to Exercise Reasonable Care: The merchant failed to exercise reasonable care to keep the premises safe.
The Court’s Decision
The court focused on whether Ms. Thibodeaux met her burden of proof in establishing these elements. Here’s what they considered:
- Video Evidence: The surveillance video, while showing the fall, did not clearly show any hazardous condition on the floor where Ms. Thibodeaux fell.
- Witness Testimony: The store manager testified that he inspected the area and found nothing that would have caused the fall.
- Plaintiff’s Testimony: Ms. Thibodeaux herself could not identify what caused her to fall.
- Alternative Explanation: Evidence suggested that Ms. Thibodeaux may have fallen due to pre-existing knee and hip problems, rather than a slippery substance.
The court emphasized that it was Ms. Thibodeaux’s responsibility to prove the existence of a hazardous condition, and she failed to do so.
Key Takeaways
- Proving Negligence: In slip and fall cases, it’s not enough to simply show that you fell. You must prove that the fall was caused by a specific condition that the merchant knew or should have known about.
- Importance of Evidence: Clear evidence, such as photographs or witness testimony identifying the hazard, is crucial in these cases. Video footage can be helpful, but it may not always be conclusive.
- Merchant’s Duty: While merchants have a responsibility to keep their premises safe, they are not automatically liable for every fall that occurs. The law requires proof of negligence.
Outcome
The appeals court upheld the trial court’s decision, dismissing Ms. Thibodeaux’s case. This highlights the challenges plaintiffs face in proving merchant liability for slip and fall accidents, especially when the cause of the fall is uncertain.