Caffery, Oubre, Campbell & Garrison, L.L.P.
New Iberia
Service, Integrity, Results

A continuing look into the slippery slope of slip and fall

We stressed in a recent blog post the “wide world of considerations” that exist for insurance companies protecting individuals, families, businesses and government entities against risk and liability. We underscored in our August 9 blog entry that insurers act in cases including “general personal injuries, product liability, motor vehicle accidents, employment-linked disputes and many other matters.”

A core realm for such “other matters” is certainly the broad universe of premises liability, which can arise in a residential, business or government setting.

Indeed, premises liability is a big deal. That is especially true concerning slip-and-fall injuries. Those are alleged daily in legions of cases across the country, including in Louisiana.

Slip/fall matters cover a wide gamut of dangerous conditions that are claimed to have contributed to third-party personal injury. Those range from flooring irregularities, improper lighting and defects in stairwells to wet surfaces, torn carpeting and ongoing maintenance work.

An insurance company defending a homeowner, business principal or municipal entity in a slip-and-fall matter will look closely at a plaintiff’s allegations for evidence of fault and corresponding injury.

Proving liability in such a case is far from automatic. A claimant must prove that a dangerous condition existed, that a defendant had a legal duty to note and guard against it, and that the defendant’s negligence directly contributed to an injury outcome.

“This sounds obvious,” notes one online overview of slip-and-fall claims, “but many people do not realize that some injuries are simply accidents caused, if anything, by their own carelessness.”

Premises liability is a complex and often contentious legal sphere. Questions or concerns regarding risk and liability in this singular realm can be addressed to a proven insurance defense legal team.

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With offices in Lafayette and New Iberia, our lawyers represent clients in state and federal courts throughout Louisiana. Contact us today to schedule your case assessment with one of our experienced attorneys. Email or call us at 337-446-2442 to reach our Lafayette office or call 337-352-2310 to reach our New Iberia office.

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