Samuel C. Ward Jr. & Associates
Free Initial Consultation
Handset 225.330.6677

Personal Injury Newsletter

Responsibility for Injuries Resulting From Slips and Falls

There is no concise formula to determine whether injuries sustained from a fall are the responsibility of another. Each case is individually evaluated to see if the business or property owner was careful to prevent any injuries. The injured individual is also evaluated to see if they were acting carelessly when the slip and fall took place. In order for a property or business owner, or one of their employees, to be held liable for a slip and fall injury, the following are evaluated on a case-by-case basis.

The property owner, business owner or their employee(s):

  • Must have caused a rough spot, a slippery situation, or a bulge or tear in the flooring of the premises
  • Must have known that there was a dangerous area on their premises, but did nothing to alleviate the problem
  • Should have known that there was a dangerous area on the premises because a person in their situation would have taken precautions to remedy the danger

Determining Reasonable Care of a Property or Business

Property and business owners have a duty to protect visitors, patrons or customers on their property from harm. However, their legal duty to protect their visitors, patrons or customers is based upon a reasonableness standard. A reasonableness standard is one in which an ordinary person in the shoes of the business or property owner would have done or not done something in order to make their business or property safe. Here are some questions to determine if the business or property owner used reasonable care to ensure the safety of others:

  • Had the dangerous spot on the premises been there long enough that the owner had ample time to correct the problem?
  • Does the owner have a documented procedure, regularly used, to prevent and remedy dangerous situations on the property?
  • Did poor lighting or broken or burnt-out lights contribute to the problem area?
  • Fifteen-Passenger Van Rollovers – a Potential Danger Even in Perfect Conditions
    Fifteen-passenger vans are frequently used to transport commuters such as college athletic teams, church groups and employees for company outings. Recent years have seen an increased use of such vans as well as an increase in... Read more.
  • Advantages of a Class Action Lawsuit
    A class action suit is a claim brought by one or more individuals on behalf of themselves and others with similar claims. There are several types of cases appropriate for a class action lawsuit including: A mass accident... Read more.
  • Product Liability and Design Defects
    “Product liability” is the area of the law enabling recovery for those injured by defective products. Some commentators suggest it reflects a balance between the benefits that society as a whole reaps from technological... Read more.
  • Crashworthiness and Automobile Safety
    The principles of product liability provide consumers with some protection against injury from defective products and a means of recovering damages for injuries resulting from the use of defective products. The protection is in general... Read more.
Personal Injury News Links
Share This Page:
Samuel C. Ward Jr. & Associates
Samuel C. Ward Jr. & Associates, Attorneys at Law, is located in Baton Rouge, LA and serves clients in and around Baton Rouge, Baker, Brusly, Addis, Port Allen, Sunshine, Zachary, Saint Gabriel, Watson, Greenwell Springs, Carville, Bueche, Erwinville, Grosse Tete, Duplessis, Plaquemine, Glynn, Prairieville, Bayou Goula, Pride, Ascension County, East Baton Rouge County, East Feliciana County, Iberville County and West Baton Rouge County.

Office: 225.330.6677
Fax: 225.330.6680

660 Saint Ferdinand St.
Baton Rouge, LA 70802

  • Follow:
  • Linked In
  • Twitter
  • YouTube
Designed and Powered by NextClient

© 2015 - 2019 Samuel C. Ward Jr. & Associates. All rights reserved.
Custom WebExpress™ attorney website design by NextClient.com.

Contact Form Tab