Defendant's Attorney: Philip Andre' Fontenot and Jami Lacour Ishee

Description: Lafayette, Louisiana personal injury slip and fall lawyer represented the Plaintiff who sued the Defendant on a premises liability negligence theory.

This case was filed in the 13th JDC, Evangeline Parish, 80707 "B', and was removed to federal court by the Defendants.

Louisiana premises liability law governs who is responsible for injuries that occur on someone else's property. Here's a breakdown of the key aspects:

Duty of care: Property owners and occupiers owe a duty of care to keep their premises reasonably safe for those who are legally allowed to be there. This duty varies depending on the visitor's classification:

Invitees: Business guests, customers, and others invited onto the property for the owner's benefit are owed the highest duty of care. This means the owner must actively inspect for hazards and take reasonable steps to fix them.
Licensees: Social guests and those on the property with the owner's permission but not for the owner's benefit are owed a lower duty of care. The owner must warn of known dangers and avoid creating new ones through reckless acts.
Trespassers: Generally, property owners owe no duty to trespassers, unless they:
Are aware of the trespasser's presence and do nothing to warn them about a hidden danger.
Intentionally or recklessly injure them.
Are responsible for an "attractive nuisance" like a swimming pool that lures children onto the property.

Breach of duty: To succeed in a premises liability claim, you must prove the owner or occupier breached their duty of care. This could involve:

Failing to maintain the property in a safe condition (broken stairs, slippery floors, etc.).
Failing to warn of known dangers (unmarked construction zones, hidden potholes, etc.).
Creating a new hazard through their actions (leaving tools unattended, spilling liquids, etc.).

Proximate cause: The breach of duty must be the direct cause of your injury. In simpler terms, your injury wouldn't have happened but for the owner's negligence.

Damages: If you can prove both breach of duty and proximate cause, you may be entitled to compensation for your losses, including:

Medical expenses
Lost wages
Pain and suffering
Emotional distress
Loss of enjoyment of life
Property damage

Unique aspects of Louisiana law:

Merchant rule: Louisiana imposes a strict liability rule on merchants for injuries caused by falling merchandise or unsafe conditions in their aisles and passageways.
Open and obvious dangers: Property owners generally have no duty to warn of open and obvious dangers. However, this rule can be complex and its application depends on specific circumstances.
Statute of limitations: You generally have one year from the date of your injury to file a premises liability lawsuit in Louisiana.

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Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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