According to the Louisiana Record, a New Orleans woman has sued Wal-Mart after allegedly slipping on a piece of fruit at a Wal-Mart Tchoupitoulas location, and suffering subsequent personal injury. The plaintiff asserts she was shopping in the store last month when she slipped and fell on a piece of fruit. She is accusing the retail giant of failing to provide a safe environment for patrons, failing to warn of unsafe conditions, failing to maintain the premises properly as well as other alleged acts of negligence that caused her fall and injury. The lawsuit was filed against Wal-Mart Louisiana LLC in the Orleans Parish Civil District Court.
What Business Owners and Patrons Need to Know about Premises Liability
Premises liability law states that if you are injured while on property that belongs to someone else, the property owner can be held responsible if the accident was caused by the owner’s negligence. Property owners have a legal responsibility to ensure that their premises are safe for guests, customers, clients, employees, and other visitors. Failure to fulfill that responsibility would be considered negligence. Under premises liability law, victims can seek compensation for their hospital bills, lost wages, and other expenses.
As most business owners already know, if someone slips and falls at their business location, they are a prime target for a lawsuit. However, what most people don’t know is just how far-reaching a business’s culpability is:
- Regardless of whether a proprietor rents or owns the building the business is located in, s/he is responsible for the injuries of whoever steps inside, including trespassers. Under the common law, landowners still owe a duty of ordinary care to trespassers if s/he is put on notice that there will be someone stepping onto their property. Landowners also have a duty to refrain from willful or wanton misconduct, even if they are unaware of trespassers.
- The proprietor may sue a landlord for negligence if s/he failed to, for example, fix the flooring or lights in the building, but the business proprietor still shoulders the burden.
- Businesses are responsible for other forms of premises liability, such as faulty equipment, their employees acting out and/or injuring a patron, etc.
While businesses will have insurance, it is in the interests of both parties to settle prior to trial since insurance policies may cap the damages, and lawyers’ fees are costly. Thus, the key to a premises liability case is proving that the defendant could have prevented the circumstances under which the injuries were sustained.
Contact Our Premises Liability Attorneys Serving Metairie, Kenner, and New Orleans
The premises liability attorneys at Harrell & Nowak have helped many individuals in New Orleans, Kenner, and Metairie receive compensation for their injuries. Our law firm has zealously represented people who have suffered personal injuries in litigation. We have recovered millions of dollars in settlements and verdicts on behalf of clients, and retain a success rate of 90% in our litigation. We will give each client the attention they deserve for each case. If you or a loved one has been injured, contact our New Orleans personal injury law firm today for a free, confidential consultation.