In Louisiana, fault in slip-and-fall cases typically lies with the property owner or merchant if they failed to maintain safe premises, but victims bear a high burden of proof under state law. Compensation is possible through premises liability claims, even if partially at fault, thanks to pure comparative negligence rules. Success depends on proving specific elements like notice of the hazard.​
Fault Determination
Property owners owe a duty to keep premises reasonably safe, but liability requires proving the condition posed an unreasonable risk of harm, the owner had actual or constructive notice (meaning it existed long enough to be discovered with reasonable care), and they failed to exercise reasonable care.​
For merchants (stores, hotels, etc.), Louisiana Revised Statute 9:2800.6 sets a strict standard: the claimant must show the merchant created the hazard, knew about it, or should have known via constructive notice, plus no reasonable steps like cleanup or warnings were taken.​
Courts do not assume automatic fault; evidence like surveillance, maintenance logs, or witness statements is key.​
Comparative Fault
Louisiana uses pure comparative fault, so recovery is reduced by the victim’s percentage of blame but not barred regardless of fault level—for example, 30% victim fault cuts damages by 30%.​
If the hazard was “open and obvious,” victims may share more fault.​
This applies to invitees (customers), licensees (social guests), and sometimes trespassers.​
Compensation Types
Victims can seek economic damages like medical bills, lost wages, future care, and lost earning capacity, plus non-economic like pain and suffering.​
No strict damage caps exist in premises liability, but settlements vary by injury severity and proof.​
Claims often settle via insurance, but litigation may be needed if disputed.​
SOURCES
[1](https://www.bloomlegal.com/blog/new-orleans-slip-and-fall-accidents-how-louisiana-premises-liability-laws-protect-victims/)
[2](https://legis.la.gov/Legis/Law.aspx?d=107268)
[3](https://www.tmorrowlaw.com/blog/louisiana-court-fault-premises-liability-claim/)
[4](https://www.neworleanspersonalinjury.com/slip-and-fall/)
[5](https://richardkennedy.com/2023/11/24/slip-trip-and-falls-in-louisiana/)
