You didn’t plan on leaving the store in pain. One second you were walking to the checkout. The next, you were thinking, “ I slipped and fell—and now what?” Your leg was twisted, your pride bruised, and now you’re dealing with medical bills, lost wages, and a business that’s pretending nothing happened. If you slipped and fell at a business in New Orleans, you may have a legal claim, but the clock is ticking.
Louisiana premises liability law gives you the right to seek compensation when a property owner fails to keep their space reasonably safe. But building a strong slip and fall claim takes more than just telling your side of the story. It takes evidence, strategy, and pressure the business can’t ignore. Here’s what you need to know if you slipped and fell at a business establishment.
What to Do Right After You Slip and Fall at a Business
You fell. It hurt. And now the business is pretending it didn’t happen. Before they “lose the footage” or mop up the scene, take these steps if you’re able.
- Report it. Say it loud and say it early. Tell the manager what happened. If they act clueless, that’s on them, not you.
- Document the scene (if you’re not being loaded into an ambulance). Take photos of the wet floor, broken tile, loose floorboard—whatever took you down. If you can’t, ask someone nearby. That spill will be gone in five minutes.
- Get witness info. If anyone saw you fall, get their name and number. Bystanders can make a big difference later, especially when the business tries to downplay what happened.
- Secure evidence. Ask for a copy of the incident report. Request surveillance footage before it’s deleted. Save your shoes and clothes from that day.
- Get medical attention. Don’t tough it out. Go to the ER, urgent care, or your doctor. Your medical records are your proof. And waiting gives the insurance company ammo.
- Say less. No “I’m fine.” No guessing what happened. No Instagram updates. And definitely no recorded statements for the insurance company until you’ve talked to someone who knows how to handle them.
After you’ve taken care of those steps, the next question is who’s actually responsible. Because you didn’t fall for no reason.
Who’s Legally Responsible for Your Fall?
You didn’t trip over your own feet. You fell because a business didn’t do its job. In Louisiana, property owners don’t get a free pass when they ignore dangerous conditions. If they run a public space, they’re legally responsible for keeping it safe. They’re required to inspect their property and fix problems. Pretending they didn’t know doesn’t cut it.
To hold them accountable, you have to show they either:
- Created the hazard
- Knew about it and did nothing
- Should have known about it because a halfway decent inspection would’ve caught it
That last one is called actual or constructive notice, and it’s spelled out in La. Rev. Stat. Ann. §9:2800.6. If the business claims they “didn’t know” about the puddle you slipped in, ask them when they last checked the floor. Exactly.
So what kinds of hazards put businesses on the hook? Here are the most common ones our personal injury attorneys in New Orleans see in slip and fall cases.
Common Causes of Slip and Fall Accidents
Most falls at businesses don’t happen because someone was clumsy. They happen because someone was lazy, or just didn’t care. Common reasons people go down hard include:
- Wet floors with no warning signs
- Leaking refrigerators or freezers
- Loose floorboards or raised tiles
- Slippery entrances during storms
- Spilled products that stay there for hours
- Dim lighting in stairwells or walkways
You’re not expected to tiptoe through a minefield. Yes, you should watch where you’re going. But the law expects business owners to deal with hazards before someone gets hurt. That’s called foreseeable risk, and it’s their problem, not yours. And when those hazards lead to injuries, you’re not just left in pain. You’re left with bills, lost income, and a case for compensation.
What You Can Recover in a Slip and Fall Claim
You didn’t fall for free. If a business failed to fix a hazard and you got hurt, you have the right to seek compensation.
That includes the cost of medical treatment, physical therapy, and any future care you’ll need. If the injury forced you to miss work or made it harder to earn a living going forward, you can pursue compensation for lost wages and reduced earning capacity. You can also seek damages for the pain, emotional distress, and disruption the injury has caused in your daily life.
Some falls leave more than bruises. Lingering pain, surgeries, and long-term complications can derail your life in ways a quick payout won’t fix. A serious case calls for a serious claim.
How Insurance Companies Try to Dodge Responsibility
The business might act sympathetic, but their insurance company is already preparing a defense. They’ll argue the hazard was obvious, that you weren’t paying attention, or that you somehow caused your own fall. Some will even claim the property owner didn’t have enough time to fix the issue.
Then come the tactics, asking for every piece of your medical history, combing through your social media, and offering a fast settlement before you know what your case is really worth. None of this is about doing what’s right. It’s about damage control.
They’ll say you weren’t watching where you were going. In Louisiana, that matters. It’s called comparative fault, and it can reduce what you’re owed. We know how to fight back.
At RUDIN LAW, we’ve seen these tactics before. And we don’t let them slide.
How Long Do You Have to File a Slip and Fall Lawsuit in Louisiana?
If you slipped and fell at a business in Louisiana, you have two years from the date of the incident to file a lawsuit. This updated deadline applies to all falls that occurred on or after July 1, 2024, under Louisiana Civil Code Article 3493.11.
That might sound like plenty of time. But evidence disappears fast, and insurance companies move faster. Waiting too long can weaken your case or cost you everything. That deadline matters. But so does who’s standing next to you when it runs out.
Why You Need a Slip and Fall Accident Attorney Who’s Ready to GET RUDE®
When insurance companies think you don’t know how pure comparative negligence works, they’ll try to take advantage of you. At RUDIN LAW, we follow the R-U-D-E Method. We don’t let insurance companies call the shots. We’re here to make sure they know you mean business.
RESEARCH: Let’s get started with a chat! We’ll walk you through a consultation, pinpointing potential problems and asking for any necessary documents.
UNDERSTAND: By the end, we’ll have a clear understanding of your legal concerns and be able to offer valuable insights and solutions to move forward.
DEVELOP: We’ll develop a customized legal strategy tailored to your specific situation, addressing your concerns and goals.
EXECUTE: We’ll implement the legal strategy, providing expert guidance and advocacy to achieve the desired outcome.
Hurt in a Fall? Stop Being Polite®. GET RUDE®.
You didn’t fall because you were careless. You fell because a business didn’t fix a hazard they should’ve seen coming. Now you’re stuck with the consequences.
At RUDIN LAW, our slip & fall attorneys don’t let negligent property owners off the hook. We take slip and fall cases seriously because we know how fast the evidence disappears, and how hard the insurance company will fight to protect their bottom line. Our legal team moves fast, builds pressure, and demands accountability.
And there’s no fee unless we win. That’s our promise. You don’t pay a dime unless we recover compensation for you.
If you suffered serious injuries in a New Orleans slip and fall accident, call RUDIN LAW at (504) 500-5504(504) 500-5504 for your FREE case review. Prefer online? Fill out our confidential form and we’ll start building your case. We investigate. We gather evidence. We confront negligent business owners.
Get Hurt? Get Help. Time to STOP BEING POLITE® and…GET RUDE® with RUDIN LAW.
Copyright © 2025. RUDIN LAW. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
RUDIN LAW
5500 Prytania St. #404
New Orleans, LA 70115
(504) 500-5504(504) 500-5504
https://www.GetRude.com/
