The Insurance Company Says the Fall Was Partly Your Fault. Here Is What Louisiana Law Actually Says.

Legal Disclaimer: This article provides general legal information about comparative fault in Louisiana premises liability and slip and fall cases. It does not constitute legal advice and should not be relied upon as such. Every case is unique, and outcomes depend on specific facts and circumstances. If you or a loved one was injured in a slip and fall in Louisiana, consult with a qualified Louisiana personal injury attorney to discuss your individual situation.

You were in a store, a restaurant, or a parking lot. Something on the floor caused you to fall: water, a product spill, or an uneven surface. You were hurt. And now the property owner’s insurance company is telling you that you should have been watching where you were going.

It is a reflexive defense. Every percentage of fault they shift to you is a percentage they do not have to pay. They use it because it works. Unless you understand how Louisiana law actually handles this kind of case, that argument can stick.

Louisiana follows a modified comparative fault system. Being partially responsible for a fall does not automatically eliminate your claim, but the law does set a threshold. 

If you are found to be 51 percent or more at fault, you cannot recover anything. If your share of fault is 50 percent or less, your recovery is reduced in proportion to your percentage, and you still have a right to compensation.

If you were injured in a slip and fall in Louisiana and you have been told the accident was partly your fault, Ikerd Law Firm can help you understand what you may actually be entitled to recover. Call (337) 366-8994 for a consultation.

How Modified Comparative Fault Works in Louisiana

Louisiana Civil Code Article 2323, as amended by Acts 2025, No. 15, governs how fault is allocated in personal injury cases. When multiple parties contributed to an injury, the court or jury assigns each party a percentage of fault. If your share of fault falls below 51 percent, your recovery is reduced by that percentage. If your share reaches 51 percent or higher, you are barred from recovering any damages.

Here is what that looks like in practice:

• Your total damages are $200,000. You are found 25 percent at fault. You recover $150,000.
• Your total damages are $200,000. You are found 50 percent at fault. You recover $100,000.
• Your total damages are $200,000. You are found 51 percent at fault. You recover nothing.

This rule applies to accidents occurring on or after January 1, 2026. For incidents that occurred before that date, Louisiana’s prior pure comparative fault system governs, meaning no percentage threshold barred recovery.

That threshold matters. Every percentage point of fault the insurance company assigns to you either reduces what you recover or eliminates your claim entirely. That is precisely why insurers push fault arguments so aggressively, and why having an attorney who understands how to counter them is so important.

What Louisiana Law Actually Requires You to Prove

For claims against a business or merchant, Louisiana’s premises liability standard is set by La. R.S. 9:2800.6. Under that statute, you must prove three things:

• The condition presented an unreasonable risk of harm that was reasonably foreseeable.
• The merchant either created the condition or had actual or constructive notice of it before the accident.
• The merchant failed to exercise reasonable care to correct it.

Constructive notice is where many cases turn. It means the hazardous condition existed long enough that the merchant should have discovered and corrected it through ordinary care.

Louisiana courts require evidence that the condition had been present for some period of time before your fall, not merely at the exact moment you slipped. The longer it was there without being addressed, the stronger the argument that the merchant failed in their duty.

The Arguments the Insurance Company Will Use Against You

When a property owner raises comparative fault, they are making a negotiating argument, not stating a legal finding. Every percentage point they succeed in assigning to you reduces their exposure dollar for dollar.

These are the arguments you will most likely hear:

“The hazard was open and obvious.” If the insurer can argue the hazard was so visible that any reasonable person would have seen and avoided it, they push your percentage of fault higher. Louisiana courts recognize an open-and-obvious concept in the fault analysis. But it does not eliminate the property owner’s responsibility to protect you.

“You were distracted.” Many commercial properties have surveillance cameras. If the footage shows you looking at your phone or moving quickly through the area, the insurer will use it to argue inattention.

“The warning sign was there.” If a wet floor sign was placed before the fall, the property owner will argue that adequate notice was given and you proceeded anyway.

“We had no notice of the hazard.” Under La. R.S. 9:2800.6, the merchant must have had actual or constructive notice. If the hazard appeared moments before you fell, the merchant will argue they had no reasonable opportunity to fix it.

Each of these affects the comparative fault calculation. None of them automatically ends your case. The question is what evidence exists on your side of the picture.

The Evidence That Protects Your Claim Despite Shared Fault

Even when some percentage of fault may apply to you, building the property owner’s side of the liability picture is essential to getting a fair result.

Key evidence includes the following:

• The incident report. Most businesses complete one when a customer is injured. Request a copy immediately. It sometimes contains admissions about the condition that caused your fall.
• Surveillance footage. This can show how long the hazardous condition existed before the fall, which goes directly to constructive notice. It can also show the absence of a warning sign or the sequence of events that led to the accident. An attorney should request preservation of all footage immediately. Many commercial systems overwrite within 24 to 72 hours.
• Maintenance and cleaning logs. If the area was last checked hours before the fall, those records support a constructive notice argument. An absence of logs can also be significant.
• Witness statements. Other customers or employees who saw the condition before your fall can be powerful evidence of how long the hazard existed and whether the merchant knew about it.
• Medical records. Consistent, prompt medical treatment that documents the nature, cause, and severity of your injuries is one of the most important elements of any claim.

Your Deadline: Two Years for Slip and Fall Claims in Louisiana

The prescriptive period for slip and fall and premises liability claims in Louisiana is two years from the date of injury under La. C.C. Art. 3493.1. This applies to incidents occurring on or after July 1, 2024, the effective date of Acts 2024, No. 423, which repealed the former one-year period under La. C.C. Art. 3492 entirely. Slip and fall claims now fall under the same two-year prescriptive period as motor vehicle accidents and other delictual actions.

If you were injured on someone else’s property on or after July 1, 2024, the two-year clock controls. If your injury occurred before that date, the prior one-year period may still apply. Either way, contact an attorney well before that deadline. Investigation, evidence preservation, and negotiation all take time you cannot afford to lose.

What the Insurance Company’s Fault Argument Really Means

When an insurer tells you the fall was partly your fault, they are starting a negotiating position, not stating a legal conclusion.

Whether you were 5 percent at fault or 40 percent at fault and what percentage belongs to the property owner is ultimately a question for a jury to decide based on evidence.

Before a case reaches a jury, it passes through investigation, negotiation, and often mediation. An attorney who understands how Louisiana comparative fault works, who knows how to gather the evidence that counters unfair fault attribution, and who can push back on arguments designed to shift blame away from the property owner, is in the best position to get a result that actually reflects the truth.

If you were told after a slip and fall that the accident was partly your fault, that statement alone does not determine what you may be entitled to recover.

A consultation with a Lafayette premises liability attorney can tell you what the law actually says about your situation.

We Can Help You Fight Back Against Unfair Fault Attribution

If you were injured in a slip and fall in Texas or Louisiana, contact Ikerd Law Firm to discuss your legal options. We handle premises liability and personal injury claims throughout the area.

Call us today at (337) 366-8994.

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Frequently Asked Questions About Slip and Fall Claims in Louisiana

Does it matter how much I was at fault in a Louisiana slip and fall?

Yes, and under current Louisiana law, it can make or break your case. Under La. C.C. Art. 2323, as amended by Acts 2025, No. 15, your recovery is reduced by your percentage of fault, but only if that percentage is 50 percent or less. 

If a court or jury finds you 51 percent or more at fault, you are barred from recovering any damages. This is why the fault arguments raised by property owners and their insurers carry real financial consequences and why contesting those arguments with strong evidence matters.

How long do I have to file a slip and fall lawsuit in Louisiana?

For injuries that occurred on or after July 1, 2024, you have two years from the date of injury to file suit under La. C.C. Art. 3493.1. The prior one-year prescriptive period under La. C.C. Art. 3492 was repealed in full by Acts 2024, No. 423. If your injury occurred before July 1, 2024, the old one-year deadline may still govern your claim. Missing the applicable deadline typically ends your right to recover anything, regardless of how strong your case may be. Contact an attorney as early as possible to protect that right.

Do I have to prove the property owner knew about the hazard?

For claims against merchants under La. R.S. 9:2800.6, you must show the merchant had actual or constructive notice of the hazardous condition before the accident. Constructive notice means the condition existed long enough that the merchant should have found it through ordinary care.

Can I still recover if I was looking at my phone when I fell?

Being inattentive may increase your assigned percentage of fault in a comparative fault analysis, but it does not automatically eliminate your claim. The property owner’s responsibility for the hazardous condition remains part of the picture.

What should I do immediately after a slip and fall in Louisiana?

Report the incident to the property owner or manager and ask that an incident report be completed. Seek medical attention promptly. Photograph the scene, the hazard, and your injuries if you are able. Get witness contact information. Contact an attorney before the two-year prescriptive period expires.