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Louisiana Revised Statute 9:2800.6

LA R.S. 9:2800.6 is applicable only 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:

1. The condition presented an unreasonable risk of harm to the claimant and that risk of harm was reasonably foreseeable;
2. The merchant either created or had actual or constructive notice of the condition which caused the damage, prior to the occurrence; and
3. The merchant failed to exercise reasonable care.

Owning and maintaining a property is a big responsibility. Anyone who fails to live up to this responsibility may put their visitors at risk and leave themselves open to a lawsuit such as a premise liability case.

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.