In order to prevail in a non-merchant slip and fall accident in Louisiana, the victim must establish that the defendant knew or should have known of the defect which caused the damage, that the damage could have been prevented by the use of reasonable care, and that the defendant failed to exercise such care. La. Civ. Code art. 2317.1.
The defendant produced evidence establishing that the walkway was designed to promote a non-skid surface and to prevent water from pooling in the area. The defendant also showed that no other similar accidents had occurred in the area. The victim came forward with no contrary evidence, but only her own affidavit that stated the pavement was wet and slippery and “may” have been muddy because the ground was muddy on either side of the walkway.
The Supreme Court held that the victim’s failure to produce any evidence of a material fact in dispute mandated the granting of the motion for summary judgment dismissing her case.
Call the experienced Baton Rouge, Louisiana slip and fall attorneys at the Baton Rouge, Louisiana injury and accident law firm of Dué, Guidry, Piedrahita & Andrews to schedule a free consultation about your serious personal injury.