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Baton Rouge Slip And Fall Lawyers
Injuries due to a fall are very common in the United States. The Center for Disease Control (CDC) has reported that over 800,000 people have hospitalized as the result of a fall. An unfortunate reality is that some of those injuries could have been avoided. When a property owner’s negligence results in someone else’s mishap, our Baton Rouge slip and fall lawyers can help the injured plaintiff seek some measure of justice in a financial settlement.
Beall & Thies has been together as a firm for over 20 years and our lawyers have individual experience that exceeds 100 years. We know what we’re doing, and we’ll fight hard for you. Call today at 225-383-3499 or contact us online to set up a consultation.
Let’s say there is ripped carpeting at a place of business, and in an area that’s reasonably well-trafficked with customers. Someone trips at the point of the rip and injures themselves. Unless the injury happened almost immediately after the carpet tore, it’s likely the store owner had constructive notice—that is, that they were aware, or should have been aware of the problem.
Another common example is when there is a liquid spill. Let’s say a child at a grocery store spills something and the manager isn’t notified. Soon after, another customer comes down the aisle and slips. Depending on the circumstances, it’s possible that the manager did not have constructive notice.
The circumstances of each case matter—how long the spill was there and unattended can certainly be a factor. But the underlying premise of all slip and fall cases is that the owner should have at least a reasonable chance to be aware of the conditions and to fix them.
A state Supreme Court decision here in Louisiana put the burden of proof on the plaintiff in these situations. According to the ruling in Batiste vs. United Fire and Casualty Company, it’s incumbent on the Baton Rouge slip and fall attorney representing the plaintiff to show how long the dangerous conditions existed prior to the fall.
At Beall & Thies, we know what goes into investigating, negotiating, and litigating a fair settlement. Call today at 225-383-3499 or contact us online to set up a consultation.
Beall & Thies has been together as a firm for over 20 years and our lawyers have individual experience that exceeds 100 years. We know what we’re doing, and we’ll fight hard for you. Call today at 225-383-3499 or contact us online to set up a consultation.
How Do You Prove Negligence In A Louisiana Slip & Fall Case?
Plaintiffs must prove that defendants failed to act reasonably in keeping their premises safe—that is, that the defendant breached their duty of care. The state of Louisiana uses the term “constructive notice” to describe what property owners should have had regarding the unsafe conditions.Let’s say there is ripped carpeting at a place of business, and in an area that’s reasonably well-trafficked with customers. Someone trips at the point of the rip and injures themselves. Unless the injury happened almost immediately after the carpet tore, it’s likely the store owner had constructive notice—that is, that they were aware, or should have been aware of the problem.
Another common example is when there is a liquid spill. Let’s say a child at a grocery store spills something and the manager isn’t notified. Soon after, another customer comes down the aisle and slips. Depending on the circumstances, it’s possible that the manager did not have constructive notice.
The circumstances of each case matter—how long the spill was there and unattended can certainly be a factor. But the underlying premise of all slip and fall cases is that the owner should have at least a reasonable chance to be aware of the conditions and to fix them.
A state Supreme Court decision here in Louisiana put the burden of proof on the plaintiff in these situations. According to the ruling in Batiste vs. United Fire and Casualty Company, it’s incumbent on the Baton Rouge slip and fall attorney representing the plaintiff to show how long the dangerous conditions existed prior to the fall.
Experienced Lawyers You Can Trust
Beall & Thies has been a part of the Baton Rouge community for over 20 years because we know how to fight hard for our clients, and we don’t back down when negotiations get tough. Our clients need to focus on their recovery, and our part in that is ensuring they have peace of mind in knowing that a diligent and aggressive attorney is fighting for them. Let us go to work for you today.At Beall & Thies, we know what goes into investigating, negotiating, and litigating a fair settlement. Call today at 225-383-3499 or contact us online to set up a consultation.
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Experienced Lawyers You Can Trust
Once it’s been proven that the property owner breached their duty of care, it still has to be demonstrated that the slip and fall is the cause of the plaintiff’s injuries. The full scope of damage suffered must also be proven.
This isn’t always as straightforward as it might seem. Injuries to the back and neck are common in slip and falls. These are also areas where pre-existing conditions are possible. The lawyers for the defendant’s insurance company will be able to investigate a plaintiff’s medical history and find out if any such pre-existing conditions are the cause—at least partially—of the injuries.
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Even partial fault is significant under Louisiana law. Damages are awarded based on the principle of pure comparative negligence. This means the defendant will only pay out in proportion to the share of responsibility they actually have. So, if it’s determined that pre-existing medical conditions caused even 30% of the injuries, the plaintiff’s share of the total damage award will be reduced by that amount.
The principle of comparative negligence can also apply if it’s determined that the plaintiff is at least partially responsible for the accident. Let’s say there’s a pothole in a parking lot and it’s been legally established that the owner had constructive notice and that the fall did cause the plaintiff’s injuries. Defense counsel might still argue that a reasonable person would have seen the pothole and avoided it. Courts may choose to divide the fault, thereby reducing the total damage award.
There are very few certainties in a court of law, but we can say that plaintiffs should be at least reasonably certain that an insurance company will do everything they can to reduce the amount of money they owe for their client’s negligence. The plaintiff must have a Baton Rouge slip and fall lawyer who is no less determined to secure real fairness in the settlement and to contest the insurance company’s claims every step of the way.
Call Beall & Thies at 225-383-3499 or contact us online to set up a consultation.
The principle of comparative negligence can also apply if it’s determined that the plaintiff is at least partially responsible for the accident. Let’s say there’s a pothole in a parking lot and it’s been legally established that the owner had constructive notice and that the fall did cause the plaintiff’s injuries. Defense counsel might still argue that a reasonable person would have seen the pothole and avoided it. Courts may choose to divide the fault, thereby reducing the total damage award.
There are very few certainties in a court of law, but we can say that plaintiffs should be at least reasonably certain that an insurance company will do everything they can to reduce the amount of money they owe for their client’s negligence. The plaintiff must have a Baton Rouge slip and fall lawyer who is no less determined to secure real fairness in the settlement and to contest the insurance company’s claims every step of the way.
Call Beall & Thies at 225-383-3499 or contact us online to set up a consultation.
