Slip/Trip and Fall Accidents

Believe it or not liability for slipping at someone's business is not as simple as it may seem. The law with regard to slip and fall accidents occurring at a person's place of business is somewhat complicated. The Merchant Liability Act, LSA- R.S. 9:2800.6, has probably changed four times in the last ten years. In an effort to protect business owners from suspicious claims, each change has become more and more restrictive. For instance, the primary issue in many of these cases is whether the owner either created the slippery substance or had actual or constructive knowledge of its existence. Some cases seem to indicate that the presence of the spill for an hour is not enough to show constructive knowledge of the merchant.

The issues in trip and fall cases are different. The issue typically is whether or not the thing which caused you to trip was defective, ie., caused an unreasonable risk of harm. In one case, the courts determined that an inch and half change in elevation in the entranceway of a restaurant created an unreasonable risk of harm; whereas, a nine inch hole in a secluded grass lot did not. Rarely are two cases alike, and each must be determined on its own facts. Much like the slip and fall case, the owner must have actual or constructive knowledge of the defect.