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PLAINTIFF’S BURDEN TO PROVE A “SLIP AND FALL” FOUND UNDER BOTH THE SLIP AND FALL STATUTES AND GENERAL NEGLIGENCE STANDARD
Published on: May 20, 2014
In Davis v. U-Haul Company of Louisiana, 2014 WL 1923230 (La. App. 5 Cir. 5/14/14), the Louisiana Fifth Circuit upheld summary judgment where the plaintiff could not offer “positive evidence” that the condition complained of (a cooked onion on the floor) existed for “such a period of time” that it would have been identified and corrected by a reasonable proprietor under Louisiana’s “slip and fall” statute, LSA-R.S. 9:2800.6. The Davis court held that a plaintiff cannot recover without a demonstration of all of the elements required both by the slip and fall statute and by Louisiana’s general negligence standard.
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