Premises Liability

Reviewed and Verified by Attorney Allan Berger — Licensed in Louisiana since 1974.

When you enter a business, rental property, or public space in New Orleans, you are entitled to a reasonably safe environment. Louisiana law imposes a clear and enforceable duty on property owners and “merchants” to maintain their premises in a safe condition, to remedy hazardous conditions, and to warn visitors of dangers that are not readily apparent.

When that duty is breached—and a preventable fall or injury occurs—the responsible parties can and should be held fully accountable. For nearly 50 years, Allan Berger & Associates, P.L.C. has been a trusted force in premises liability litigation across the Greater New Orleans area, delivering results through meticulous investigation, strategic advocacy, and trial-ready preparation.

If you were injured on someone else’s property, contact Allan Berger & Associates, P.L.C. to schedule a free consultation. Assert your rights with a firm known for holding negligent property owners accountable.

If you need immediate help with a claim, contact Allan Berger & Associates, P.L.C. at 504-526-2222 for a free case review.

Premises Liability Laws (2026)

What is the “51% Bar” in Louisiana Premises Liability?

A major change to Louisiana law took effect on January 1, 2026. Louisiana moved from a “Pure” to a Modified Comparative Fault system.

Why this matters for your slip-and-fall claim: In the past, even if a jury found you 80% responsible for your own fall (e.g., for not looking where you were going), you could still recover 20% of your damages. As of 2026, if you are found to be 51% or more at fault, you are completely barred from recovering any compensation. 

Insurance companies now aggressively use “distraction” defenses (like looking at a cellphone) to try to push your fault percentage over that 51% threshold. We specialize in counteracting these tactics by focusing on the property owner’s failure to provide adequate warnings or cleanup procedures.

Proving Liability Under La. R.S. 9:2800.6

If your injury occurred at a “merchant” establishment (such as a grocery store, restaurant, or hotel), your case is governed by Louisiana Revised Statute 9:2800.6. 

To win, we must prove three specific elements:

1. Unreasonable Risk: The condition (like a spill or broken tile) presented an unreasonable risk of harm that was reasonably foreseeable.
2. Actual or Constructive Notice: The merchant either created the hazard OR it existed for such a period that they should have known about it (this is known as the “temporal element”).
3. Failure to Exercise Care: The merchant failed to take reasonable steps to fix the hazard or warn you about it.

Common Types of Premises Liability Claims

Premises liability goes far beyond simple “slip and fall” accidents. Our firm handles complex cases involving:

• Inadequate Security: If a business in a high-crime area fails to provide proper lighting or security personnel, it may lead to an assault or robbery.
• Elevator and Escalator Failures: Mechanical malfunctions in New Orleans hotels or office buildings.
• Stairwell and Railing Injuries: Broken handrails or uneven steps in historic French Quarter buildings.
• Swimming Pool Accidents: Lack of proper fencing or supervision at private clubs or hotels.
• Dog Bites and Animal Attacks: Property owners can be held liable if they knew their animal had “vicious propensities.”

What should you do after a fall in New Orleans?

To summarize, the evidence you gather in the first ten minutes often determines the success of your claim.

• Notify Management: Ask for a written incident report and get a copy before you leave.
• Photograph the Hazard: Take photos of the spill, the broken step, or the lack of signage. Merchant “cleanup crews” often arrive minutes after a fall to remove evidence.
• Identify Witnesses: Collect names and phone numbers of other customers who saw the accident or the hazard.
• Seek Medical Treatment: Even if you feel “fine,” the adrenaline of a fall can mask serious spinal or head injuries. A medical record created on the day of the accident is vital for your case.

Why trust Allan Berger & Associates, P.L.C.?

Premises liability cases are notoriously difficult because the “burden of proof” is on the injured person. We have the resources to subpoena surveillance footage, hire safety engineers to testify on floor friction, and reconstruct the accident to prove the property owner’s negligence. Our firm has recovered millions for victims of preventable accidents, ensuring they have the funds needed for medical care and lost wages.

We operate on a contingency fee basis — you pay no upfront costs, and we only receive a fee if we win your case.

Talk to a New Orleans personal injury lawyer today at 504-526-2222 or send us a message online to schedule your free consultation.