Injuries due to a fall are very common in the United States. The Center for Disease Control (CDC) has reported that over 800,000 people have hospitalized as the result of a fall. An unfortunate reality is that some of those injuries could have been avoided. When a property owner’s negligence results in someone else’s mishap, our Baton Rouge slip and fall lawyers can help the injured plaintiff seek some measure of justice in a financial settlement.
Beall & Thies has been together as a firm for over 20 years and our lawyers have individual experience that exceeds 100 years. We know what we’re doing, and we’ll fight hard for you. Call today at (225) 577-6223 or contact us online to set up a consultation.
How Do You Prove Negligence in a Louisiana Slip & Fall Case?
Plaintiffs must prove that defendants failed to act reasonably in keeping their premises safe—that is, that the defendant breached their duty of care. The state of Louisiana uses the term “constructive notice” to describe what property owners should have had regarding the unsafe conditions.
Let’s say there is ripped carpeting at a place of business, and in an area that’s reasonably well-trafficked with customers. Someone trips at the point of the rip and injures themselves. Unless the injury happened almost immediately after the carpet tore, it’s likely the store owner had constructive notice—that is, that they were aware, or should have been aware of the problem.
Another common example is when there is a liquid spill. Let’s say a child at a grocery store spills something and the manager isn’t notified. Soon after, another customer comes down the aisle and slips. Depending on the circumstances, it’s possible that the manager did not have constructive notice.
The circumstances of each case matter—how long the spill was there and unattended can certainly be a factor. But the underlying premise of all slip and fall cases is that the owner should have at least a reasonable chance to be aware of the conditions and to fix them.
A state Supreme Court decision here in Louisiana put the burden of proof on the plaintiff in these situations. According to the ruling in Batiste vs. United Fire and Casualty Company, it’s incumbent on the Baton Rouge slip and fall attorney representing the plaintiff to show how long the dangerous conditions existed prior to the fall.
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Beall & Thies has been a part of the Baton Rouge community for over 20 years because we know how to fight hard for our clients, and we don’t back down when negotiations get tough. Our clients need to focus on their recovery, and our part in that is ensuring they have peace of mind in knowing that a diligent and aggressive attorney is fighting for them. Let us go to work for you today.
Once it’s been proven that the property owner breached their duty of care, it still has to be demonstrated that the slip and fall is the cause of the plaintiff’s injuries. The full scope of damage suffered must also be proven.
This isn’t always as straightforward as it might seem. Injuries to the back and neck are common in slip and falls. These are also areas where pre-existing conditions are possible. The lawyers for the defendant’s insurance company will be able to investigate a plaintiff’s medical history and find out if any such pre-existing conditions are the cause—at least partially—of the injuries.
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Russell W. Beall
"Russell W. Beall is a founding partner in the Baton Rouge law firm of Beall & Thies LLC. His main emphasis of practice is on Civil Litigation including Torts, Products Liability, and Premises Liability. Russell is a frequent guest speaker at Louisiana State University Law School where he participates in the Appellate Advocacy Program and the Professionalism Orientation. He earned his B.A. degree at Louisiana State University (1998) and his J.D Louisiana State University Law School (2001). Russell is an active member of the Louisiana Association for Justice and is frequently invited to be a guest speaker at continuing legal education seminars."Read Full Bio
William W. Thies
"William W. Thies was born in Indianapolis, Indiana in 1974 moving with his family to Slidell, Louisiana at seven years of age. Mr. Thies graduated from Slidell High School in 1992. He received his Bachelor of Arts degree with a double major in history and political science from Louisiana State University in 1996 and his Juris Doctorate from the Southern University Law Center in 2001. He was admitted to the Louisiana State Bar Association in May 2002. He is a member of the Baton Rouge, Louisiana, American Bar Associations, and the Louisiana Association of Justice. He is admitted to practice in all state courts, the United States District Court for the Middle and Eastern Districts of Louisiana, as well as the United States Supreme Court."Read Full Bio
"Jacob H. Thomas is originally from the Piney Hills of North Louisiana, known for producing great litigators such as Huey P. Long as well as several other notable statesmen on the both the federal and state levels.Read Full Bio
Jake is a graduate of Jonesboro-Hodge High School and Northwestern State University where he was a member of the Theta Mu chapter of the Kappa Sigma Fraternity, the NSU Presidential Leadership Program, and the Inter-Fraternity Council serving as Vice President."
"Aaron Humphreys joined Beall & Thies, LLC as an associate attorney in the fall of 2016. He was admitted to the Louisiana State Bar Association in May of 2016. Aaron is also a member of the Baton Rouge Bar Association and the Louisiana Association of Justice."Read Full Bio
"George G. Caballero practices general civil law and focuses on plaintiff’s personal injury, wills, and successions. George joined Beall & Thies as of counsel in 2017 after starting Caballero Law Firm in 1993. Mr. Caballero has over thirty years of experience as an attorney and has served clients in various matters ranging from business and tort litigation, business, family law, and successions.Read Full Bio
Mr. Caballero is a native of New Orleans, Louisiana. He is a graduate of Louisiana State University and Mississippi College School of Law. Upon graduation, he immediately went into the private practice of law, practicing in both Louisiana and Mississippi."
Jewel “Trae” E. Welch, III
"Trae is a lifelong resident of the Baker-Zachary area. Trae is the son of The Honorable Judge Duke Welch, currently presiding on the Louisiana First Circuit Court of Appeals, and former East Baton Rouge Councilwoman, Roxson Welch. Trae is married to the former Lynn Caldwell of Tallulah, Louisiana. Together Trae and Lynn are raising their two children Quade and Vivian."Read Full Bio