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Slip-and-fall cases present unique challenges that make them notoriously difficult to win. Despite the public perception that these are “easy money” cases, the reality is far different—Louisiana law creates significant hurdles for injured victims, and property owners often actively conceal evidence that could prove liability.
At The Johnson Firm, our Lake Charles personal injury attorneys understand the specific complexities of slip-and-fall litigation and how to overcome the obstacles built into Louisiana’s premises liability laws.
Before discussing settlement factors, it’s crucial to understand why these cases require specialized legal knowledge.
Unlike ordinary negligence cases, Louisiana law creates additional burdens for slip-and-fall victims. Under this law, if you fall in a store or business, you must prove all of the following:
This “merchant liability statute” gives businesses significant legal advantages and explains why many legitimate slip-and-fall claims fail without experienced legal representation.
Louisiana courts frequently dismiss slip-and-fall cases by ruling that hazards were “open and obvious“—meaning the victim should have noticed and avoided them. This judicial doctrine has expanded dramatically in recent years, creating another significant hurdle unique to these cases.
Unlike car accidents where evidence is often publicly available, in slip-and-fall cases:
This evidence imbalance makes slip-and-fall cases particularly challenging without an attorney who knows how to legally compel evidence preservation and disclosure.
The most crucial factor specific to slip-and-fall cases is whether you can prove exactly what caused your fall. Cases with photographic evidence of the specific hazard (water puddle, broken flooring, etc.) typically settle for significantly higher amounts than those relying solely on victim testimony.
Our attorneys take immediate action to secure surveillance footage through preservation letters and, when necessary, emergency court orders before crucial evidence “disappears.”
Settlement values increase substantially when you can prove the property owner knew about the dangerous condition. Evidence that shows how long the hazard existed (footprints through a spill, multiple customer complaints, repeated maintenance requests) directly impacts settlement amounts.
The Johnson Firm uses strategic discovery techniques to uncover internal communications, maintenance logs, and previous incident reports that property owners often attempt to conceal.
Settlements typically increase when you can demonstrate the property owner violated:
Our attorneys work with industry-specific safety experts to identify violations that strengthen liability claims in ways general injury attorneys might miss.
When businesses “lose” surveillance footage, destroy incident reports, or clean up hazards before documentation, Louisiana law allows for a “spoliation of evidence” claim. Courts may instruct juries to presume the missing evidence would have favored the victim, dramatically increasing settlement pressure on defendants.
Certain injuries typical in slip-and-fall cases present unique compensation challenges:
Unlike vehicle accidents where impact forces are more easily measured, fall injuries often require expert testimony to connect them causally to the incident.
Settlement amounts can vary significantly based on where your fall occurred:
Louisiana’s comparative fault system is applied particularly stringently in slip-and-fall cases. Common fault arguments include: “You were wearing inappropriate footwear,” “you were distracted by your phone,” and “the hazard was clearly visible.”
Our attorneys anticipate these defenses with counter-evidence and legal precedents that protect your right to personal injury compensation.
Due to public skepticism and insurance industry propaganda about slip-and-fall claims, settlement offers often reflect an unspoken “fraud discount.” Overcoming this bias requires a strategic approach that establishes both your credibility and the legitimacy of your injuries.
Our local attorneys bring specialized knowledge to slip-and-fall claims. We understand the technical requirements of Louisiana’s merchant liability statute and act quickly to preserve crucial evidence before it disappears. Our process involves working with architectural and safety experts to establish code violations, and we use advanced medical evidence to connect your injuries to the specific fall mechanics.
Don’t face Louisiana’s challenging slip-and-fall laws alone. At The Johnson Firm, we have the specific experience needed to overcome the unique obstacles these cases present. Contact us online or at (337) 433-1414 for a free consultation to understand your rights and maximize your potential settlement.
