You step into a grocery store, walk across a parking lot, visit a friend’s apartment, or take your kids to a public swimming pool, and you expect the property to be reasonably safe. You are not thinking about broken staircases, wet floors with no warning signs, crumbling balcony railings, or inadequate lighting in a parking garage. But when a property owner or business neglects these hazards and someone gets hurt, that is premises liability.
Premises liability is the legal concept that property owners and occupiers have a responsibility to maintain reasonably safe conditions for the people who come onto their property. When they fail in that responsibility and someone is injured as a result, the injured person may have a legal claim for compensation. In Louisiana, premises liability works differently than in most other states because of our civil law system. If you have been injured on someone else’s property in the Greater New Orleans area, understanding how Louisiana law applies to your situation is essential to protecting your rights.
How Louisiana Premises Liability Differs From Other States
Most states use a common law framework that categorizes visitors based on their status: invitee, licensee, or trespasser. The duty of care the property owner owes depends on which category the injured person falls into. An invitee (like a customer in a store) gets the highest level of protection, a licensee (like a social guest) gets somewhat less, and a trespasser generally gets very little.
Louisiana does not use this framework. As a civil law state, Louisiana applies a unified standard of reasonable care under its Civil Code rather than sorting visitors into categories with different levels of protection. This is a significant difference that affects how premises liability cases are analyzed, argued, and decided.
The core statutes governing premises liability in Louisiana are Civil Code Articles 2317, 2317.1, and 2322.
Article 2317 establishes the general principle that a person is responsible for damage caused by things in their custody. If you own or control a property, you are responsible for the harm that property causes to others.
Article 2317.1 is the more specific provision that applies to most premises liability cases. It states that the owner or custodian of a thing is liable for damage caused by a defect in the thing, but only if the owner knew or should have known about the defect, could have prevented the damage through the exercise of reasonable care, and failed to do so. This article requires the injured person to prove that the property owner had knowledge (actual or constructive) of the dangerous condition.
Article 2322 addresses liability specifically related to buildings. It holds building owners liable for damage caused by the ruin of a building due to neglected maintenance or a defect in construction. This provision can apply to situations like a ceiling collapse, a stairway failure, or structural deterioration that injures someone.
The practical impact of Louisiana’s approach is that the analysis focuses on what the property owner knew, what they should have known, and whether they exercised reasonable care to address known hazards. It does not hinge on whether you were an “invitee” or a “licensee.”
The Merchant Liability Statute: A Special Rule for Stores and Businesses
If you were injured in a slip and fall or similar accident at a store, restaurant, shopping center, or other commercial establishment, a specific Louisiana statute applies to your case. La. R.S. 9:2800.6, commonly called the merchant liability statute, sets out the requirements for proving negligence against a business where a customer is injured on the premises.
Under this statute, the injured person must prove three things. First, that the condition on the merchant’s premises presented an unreasonable risk of harm and that the risk was reasonably foreseeable. Second, that the merchant either created the dangerous condition or had actual or constructive notice that the condition existed before the accident. Third, that the merchant failed to exercise reasonable care to remedy the condition or to warn customers of the danger.
The “constructive notice” element is often the most contested part of a merchant liability case. Constructive notice means that the hazardous condition existed for a long enough period of time that the merchant should have discovered it through the exercise of ordinary care. The statute does not define a specific time period, but courts have generally held that the longer a hazard exists, the stronger the inference that the merchant should have known about it.
This is where evidence becomes critical. Surveillance footage showing a spill on the floor for 15 minutes before someone slips is strong evidence of constructive notice. Missing cleaning logs or inspection records can also support the argument that the merchant was not monitoring the premises adequately. As demonstrated in a recent slip and fall case handled by Arnona Rose, video evidence and gaps in documentation can be decisive factors.
Importantly, the statute also states that the mere presence of an employee in the area where the accident occurred does not, by itself, constitute constructive notice of the hazard. And the absence of a written safety procedure alone does not prove negligence. The analysis is always about whether the merchant acted reasonably under the circumstances.
Types of Properties and Premises Liability Scenarios
Premises liability extends far beyond the typical grocery store slip and fall. According to the National Safety Council, falls are one of the leading causes of preventable injury in the United States, and many of those falls happen on someone else’s property. Here are the most common types of properties and scenarios that give rise to premises liability claims in the New Orleans area.
Retail stores and supermarkets are the most common settings for premises liability claims. Spills in aisles, produce on the floor, broken shelving, inadequate lighting, and uneven flooring surfaces are all hazards that merchants have a duty to address promptly. The Arnona Rose team has extensive experience with these cases and understands how to build them from the ground up.
Restaurants, bars, and entertainment venues present unique hazards including wet floors near kitchens and restrooms, dim lighting, overcrowded spaces, loose carpeting, and broken furniture. In the French Quarter and other entertainment districts in New Orleans, these conditions are especially common and particularly dangerous.
Apartment complexes and rental properties are a major source of premises liability claims. Landlords have a duty to maintain common areas, repair known defects, ensure adequate lighting in hallways and parking areas, and address safety hazards like broken staircases, malfunctioning elevators, or missing handrails. In Louisiana, the landlord’s obligation to maintain the property is established under La. C.C. Art. 2695.
Parking lots and garages where poor lighting, crumbling pavement, missing barriers, and inadequate security can contribute to both slip and fall injuries and criminal assaults. Property owners who fail to maintain adequate lighting or security in areas with known crime risks may be liable for injuries that result.
Swimming pools at hotels, apartment complexes, and public facilities must comply with safety standards including proper fencing, warning signage, adequate supervision, and safe drain covers. Drownings and near drownings resulting from inadequate pool safety are among the most devastating premises liability cases.
Private homes can also give rise to premises liability claims. If you are injured at a friend’s house because of a known hazard, such as a rotting deck, loose stairs, or an aggressive dog that the owner failed to restrain, you may have a legal claim. Louisiana’s general negligence principles under Article 2317.1 apply to homeowners just as they do to businesses, though the specific standard of care may differ based on the circumstances.
Government property including sidewalks, parks, public buildings, and roads involves additional complexity. Claims against government entities in Louisiana are subject to special rules, including potential immunity defenses and notice requirements that must be satisfied before a lawsuit can be filed.
Proving a Premises Liability Claim in Louisiana
Successfully proving a premises liability claim requires establishing several key elements. You must show that a dangerous condition existed on the property, that the property owner or occupier knew or should have known about the condition, that the owner failed to take reasonable steps to fix the condition or warn visitors about it, and that the dangerous condition caused your injury.
Evidence is everything in these cases. The most valuable types of evidence include the following.
Surveillance footage from cameras on the property. As noted earlier, this footage can show how long a hazard existed, whether employees were in the area, and exactly how the accident occurred. The challenge is that businesses often delete surveillance footage on a rolling basis, sometimes within just a few days. An attorney can issue a preservation demand to ensure the footage is saved before it is overwritten.
Incident reports filed with the property owner or manager at the time of the accident. Always ask that a report be completed and request a copy. If the property owner refuses to create one, document that refusal.
Maintenance and inspection logs (or the absence of them). Regular inspection and cleaning logs can show how diligently a property was maintained. Missing or incomplete logs can suggest that the owner was not monitoring conditions closely enough.
Photographs and video that you take at the scene. Use your phone to photograph the hazard that caused your injury, the surrounding area, any warning signs (or lack of them), lighting conditions, and your injuries.
Witness statements from anyone who saw the accident, the hazardous condition, or the property’s general state of disrepair.
Medical records connecting your injuries to the accident. Prompt medical treatment after a premises liability incident creates a documented link between the hazardous condition and your injuries. The Centers for Disease Control and Prevention (CDC) emphasizes that falls can result in serious injuries including hip fractures and traumatic brain injuries, making immediate medical evaluation critical even when symptoms seem mild.
Louisiana’s Modified Comparative Fault and Premises Liability
Louisiana’s modified comparative fault system, which took effect January 1, 2026, applies to premises liability cases just as it does to car accidents and other personal injury claims. Under La. C.C. Art. 2323, if you are found to be 51% or more at fault for your own injury, you are barred from recovering any damages.
In premises liability cases, the property owner will almost always argue that the injured person was partially at fault. Common arguments include that you should have been watching where you were walking, that the hazard was “open and obvious,” that you were wearing inappropriate footwear, or that you were distracted by your phone. These arguments are designed to shift fault onto you and reduce or eliminate the property owner’s liability.
The “open and obvious” defense is particularly common. If the property owner can convince a jury that the hazard was plainly visible and that a reasonable person would have avoided it, the fault allocation can shift dramatically. However, this defense has limits. A hazard can be “open and obvious” and still present an unreasonable risk if, for example, there was no reasonable alternative path around it, or if the injured person’s attention was reasonably directed elsewhere.
Having an experienced attorney who understands how to counter these fault shifting arguments is essential, especially under the new 51% bar rule where even a few extra percentage points of fault assigned to you can mean the difference between full compensation and no recovery at all.
What to Do After a Property Injury in Louisiana
If you are injured on someone else’s property, the actions you take immediately afterward will significantly affect the strength of your claim.
Report the incident to the property owner, manager, or employee on duty right away. Ask that a written incident report be completed and request a copy for your records. If they refuse, document the refusal and note who you spoke with, when, and what was said.
Photograph everything. Take pictures of the hazard that caused your injury (the wet floor, the broken step, the pothole, the missing handrail), the surrounding area including any warning signs or lack thereof, lighting conditions, and your injuries. Take wide shots that show the overall scene as well as close ups of the specific hazard.
Get witness information. If anyone saw the accident or the hazardous condition, collect their names and contact information. Their testimony may be critical later.
Seek medical attention promptly. Even if your injuries seem minor, get evaluated by a medical professional as soon as possible. Some injuries, particularly head injuries, back injuries, and internal injuries, may not present obvious symptoms immediately.
Do not give recorded statements to the property owner’s insurance company without first speaking to an attorney. The same adjuster tactics used in car accident claims apply to premises liability cases.
Contact a personal injury attorney experienced in premises liability as soon as possible. Evidence in these cases disappears quickly. Surveillance footage gets deleted, conditions are repaired, and the property owner’s memory of events becomes conveniently foggy.
Let Arnona Rose Protect Your Rights
Premises liability cases require a thorough investigation, a deep understanding of Louisiana’s civil law framework, and the ability to counter aggressive defense strategies. At Arnona Rose, we have the experience and persistence to fight for property injury victims throughout the Greater New Orleans area, including Metairie, Jefferson Parish, Orleans Parish, St. Tammany Parish, and surrounding communities.
If you or someone you care about has been injured on another person’s property due to a dangerous condition that should have been fixed or warned about, we want to hear from you. Call Arnona Rose today at 504-556-4444 for a free consultation. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation on your behalf. Your safety was someone else’s responsibility. Let us help you hold them accountable.
Frequently Asked Questions
What is the difference between premises liability and a slip and fall case?
A slip and fall case is a type of premises liability claim, but premises liability is a much broader category. Premises liability covers any injury caused by a dangerous condition on someone else’s property, whether that is a slip on a wet floor, a fall down broken stairs, an injury from a collapsing structure, a dog bite, a swimming pool drowning, or even a criminal assault that occurred because of inadequate security. Slip and fall is simply the most common type of premises liability case. The same underlying legal principles apply: the property owner had a duty to maintain safe conditions, they failed in that duty, and their failure caused your injury.
How do I prove the property owner knew about the dangerous condition?
You can prove knowledge through either actual notice or constructive notice. Actual notice means the owner was directly told about the hazard, for example, through a prior complaint or an employee report. Constructive notice means the hazard existed for long enough that the owner should have discovered it through ordinary inspection and maintenance. Evidence like surveillance footage showing a spill on the floor for an extended period, missing or incomplete inspection logs, prior similar incidents on the property, or testimony from employees about known ongoing issues can all help establish that the owner knew or should have known about the danger.
Can I sue a landlord if I am injured in the common area of my apartment building?
Yes. Louisiana landlords have a legal obligation under La. C.C. Art. 2695 to maintain leased property and common areas in a condition that is suitable for the purposes intended. If you are injured in a hallway, stairwell, parking area, laundry room, pool, or other common area because of a condition the landlord knew about or should have known about, you may have a premises liability claim. Common examples include broken staircases, inadequate lighting, missing handrails, malfunctioning elevators, and slippery surfaces that the landlord failed to address despite having notice of the problem.
What does “open and obvious” mean, and can it defeat my claim?
The “open and obvious” defense argues that the hazard was so clearly visible that a reasonable person would have seen it and avoided it. If successful, this defense can shift significant fault onto the injured person. However, “open and obvious” does not automatically defeat a premises liability claim in Louisiana. Courts consider whether the injured person had a reasonable alternative path, whether their attention was justifiably directed elsewhere, and whether the property owner could have easily corrected the hazard despite its visibility. An experienced attorney can help counter this defense by showing that the condition still presented an unreasonable risk even if it was somewhat visible.
How long do I have to file a premises liability lawsuit in Louisiana?
The prescriptive period for most premises liability claims in Louisiana is two years from the date of injury for accidents occurring on or after July 1, 2024. For accidents before that date, the older one year deadline may apply. Claims against government entities may have shorter notice periods and additional procedural requirements. Because evidence in premises liability cases can disappear quickly, including surveillance footage that may be deleted within days, consulting with an attorney as soon as possible after your injury is strongly recommended.
What if I was partially at fault for my own injury?
Under Louisiana’s modified comparative fault system (effective January 1, 2026), you can still recover damages as long as you are found to be less than 51% at fault. Your compensation will be reduced by your percentage of responsibility. For example, if you suffered $100,000 in damages and were found 20% at fault for not watching where you were walking, you would recover $80,000. However, if a jury determines you were 51% or more at fault, you are barred from recovering any compensation at all. Property owners and their insurers routinely argue that injured persons share significant fault, which is why having skilled legal representation to counter these arguments is critical.
What types of compensation can I receive in a premises liability case?
Premises liability victims in Louisiana can seek both economic and non economic damages. Economic damages include medical bills (past and future), lost wages, lost earning capacity, rehabilitation costs, and other out of pocket expenses directly caused by the injury. Non economic damages cover pain and suffering, mental anguish, loss of enjoyment of life, disfigurement, and permanent disability. The total value depends on the severity of your injuries, the extent of the property owner’s negligence, and how the injury has affected your daily life and ability to work. In cases involving extreme or willful negligence, additional penalties may be available.