Many victims do not realize that property owners and operators have responsibilities when it comes to the people who enter. Victims might think, “Well, I should have seen that water, or I am so clumsy I shouldn’t have fallen,” so they don’t pursue a claim even though the accident may not have been their fault.
Common types of slip and fall accidents include walking into a grocery store and slipping on a wet floor or tripping on a sidewalk. If you’ve ever seen those yellow signs that warn of a “wet floor,” it is because the owners are attempting to disclaim any liability in the event that someone falls (they don’t always win on this).
As mentioned, many times the accident is the fault of both the owner/operator and the victim. Louisiana’s comparative fault requirement will grant a victim damages based on her level of fault as determined by a judge or jury. So, if a victim is half at fault and the owner is half at fault, the victim will get half the damages awarded to her [Insert Hyperlink – Read here for how comparative fault works in Louisiana]. If the victim is 80% at fault and the owner is 20% at fault, the victim will get 20% of the total damages awarded.