LOUISIANA REVISED STATUTE 9:2800.6
Slip and fall victims are typically injured in part because of the attention drawing displays in stores and merchandise on the shelves. LA R.S. 9:2800.6 was enacted to cover the burden of proof for proving negligence in a slip and fall matter. The statute is applicable to shops, restaurants, and lobby areas of or within a hotel, motel, or inn. It is not applicable to hospitals.
Generally, the statute requires the injured person must prove in addition to the other elements of his case all of the following:
In determining reasonable care, the absence of a written or verbal uniform cleanup or safety procedure is insufficient, alone, to prove failure to exercise reasonable care. Constructive notice means the injured person has proven that the condition existed for such a period of time that it would have been discovered if the merchant had exercised reasonable care. The presence of an employee of the merchant in the vicinity in which the condition exists does not, alone, constitute constructive notice, unless it is shown that the employee knew, or in the exercise of reasonable care should have known, of the condition.
FALLING MERCHANDISE CASES UNDER LA-R.S.9:2800.6
In a falling merchandise case, the injured customer must show:
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If you need help with your Louisiana slip and fall or falling merchandise accident, call Lavis Law Firm at toll- free 866-558-9151 or submit your online form. Please keep in mind that you may be facing important legal deadlines.
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