Louisiana Law allows a resident to pursue a personal injury lawsuit against a New Orleans store owner for failure to repair a defective walkway or sidewalk. Doing so, however, requires the victim to establish the store’s awareness of the condition that led to the injury.
In this type of case, it is not enough to prove that the walkway was in disrepair and that the condition of the walkway resulted in an injury.
The victim also must be able to prove that the property owner responsible for the walkway had notice of its dangerous condition prior to the injury occurring. Notice of the defective condition may be established in two different ways: actual notice or constructive notice.
Evidence of actual notice includes proof of the store having received prior complaints regarding the condition, or evidence that an employee of the store had inspected the area shortly before the accident. In many cases, actual notice is very difficult to establish.
Constructive notice is usually easier for the plaintiff to establish. It does not require direct proof that the store knew about the dangerous condition.
Instead, constructive notice may be established if it can be shown that the defective condition had existed for a considerable amount of time and that reasonable diligence would have resulted in its discovery.
Obviously, the specific condition of the sidewalk that led to the fall can prove critical in such a case. It is much easier to prove constructive notice of, for example, uneven sidewalk pavement than it is to prove that store employees were aware that someone had recently spilled a slippery substance on the walkway.
If you or a loved one has fallen on a poorly maintained walkway and suffered injury, and would like to investigate whether a lawsuit after falling on a sidewalk is something you can pursue, we would be happy to discuss it with you. Please call us at (504) 527-8767.
At Gertler Law Firm, we focus on personal injury litigation, providing our clients with a level of commitment and expertise that only the best personal injury lawyers can offer. - Call Us Now - (504) 527-8767