A fall in a grocery aisle and a fall on a broken apartment stair may look similar in a photograph. Louisiana law can ask different questions about each one. In the store, the duration of a spill may decide whether the merchant had notice. At the apartment, the condition of the stair and the owner’s knowledge of it may matter more. The first useful question is therefore where the fall happened and who controlled that surface.
The store floor: what did the merchant know?
For a fall caused by a condition on a merchant’s premises, La. R.S. 9:2800.6 requires proof that the condition presented an unreasonable, foreseeable risk; that the merchant created it or had actual or constructive notice before the fall; and that the merchant failed to exercise reasonable care. A spill alone does not establish all three. Nor does the absence of a written cleanup policy, standing alone, prove a failure of reasonable care.
Constructive notice is a timing question. The statute defines it by whether the condition existed long enough that reasonable care would have discovered it. A nearby employee does not, by that fact alone, establish notice. A video showing the floor before the fall, a cleaning log, a receipt that fixes the time, or a witness who saw the spill earlier can make the timeline more concrete. Our article on falls in Louisiana businesses examines that merchant proof in more detail.
A damaged stair or walkway can raise another rule
Outside a merchant floor claim, the owner or custodian of a defective thing may be assessed under Civil Code article 2317.1. The claimant must show knowledge, or knowledge the owner should have had through reasonable care, of the ruin, vice, or defect; that reasonable care could have prevented the damage; and that such care was not exercised. The precise theory depends on the property and the claimed condition. A loose tread, repeated repair requests, and photographs taken before a repair may answer different questions from a momentary spill.
A fall on property controlled by a public entity needs its own analysis. La. R.S. 9:2800 sets notice and opportunity-to-remedy requirements for certain claims based on the condition of things in public custody, with distinctions for buildings and other covered situations. Identifying the entity with care and custody, the exact defect, prior reports, and repair history can be central. A public sidewalk is not automatically the responsibility of whichever government office is closest to it.
Why fault arguments start at the scene
The owner may argue there was a warning sign or an alternate route. The injured person may recall poor lighting, a hidden liquid, or a sign placed only after the fall. Those details matter when fault is allocated. Louisiana’s Civil Code article 2323, as amended by Act 15 effective January 1, 2026, bars recovery under its negligence allocation when the injured person’s negligence is 51 percent or more. Below that threshold, recovery is reduced in proportion to that negligence. Which version of the law applies to a particular event deserves attention, especially when the injury predates the amendment.
Photograph the hazard and the wider approach to it if it is safe to do so. Record the location and approximate time, the names of people who saw the surface, and what an employee or manager said. Ask that relevant video and incident records be preserved; systems may overwrite footage. Keep the shoes worn in the fall available for inspection, but do not turn preservation into a reason to leave potentially contaminated footwear or clothing unsafe to handle. A written account made soon afterward can preserve details that are easy to lose once the surface is cleaned.
Medical evaluation matters for health first and also records the onset and course of symptoms. Tell the treating clinician about the fall and any later change in symptoms. The claim still needs evidence connecting an injury to the incident, particularly when there was an earlier condition or a gap in treatment.
Deadlines and the right defendant
Civil Code article 3493.1 generally provides a two-year prescriptive period for delictual actions, running from the day injury or damage is sustained; it took effect July 1, 2024. Earlier events and specific defendants can require a different deadline analysis. The surface may be maintained by a tenant, owner, contractor, or public entity. The lease, maintenance records, and location can help identify who actually controlled the condition.
For a closer look at the evidence that can establish notice, read what you need to prove after a fall in a Louisiana store. Our Baton Rouge slip and fall practice page explains how we assess video, inspection records, injuries, and potential defendants. If evidence is at risk of disappearing, call (225) 500-5000 to discuss the circumstances.