New Orleans
If you were hurt because a property owner failed to keep their premises safe, The Voorhies Law Firm is ready to hold them accountable.
Property owners and businesses in Louisiana owe a legal duty to the people who come onto their premises, and when they cut corners on that duty, the people who get hurt are often left with serious injuries and a fight against an insurance company that would rather blame the victim than the property.
Premises liability covers injuries caused by dangerous or poorly maintained conditions on someone else’s property.
Common examples include:
Louisiana law does not treat property owners as automatic insurers of everyone who steps onto their land.
Proving a premises liability claim means proving the owner knew, or should have known, about the hazard, which is exactly the kind of fact gathering an experienced attorney is built for.
Premises liability claims in Louisiana turn on which specific law applies to the property where you were hurt.
If you were hurt in a store, restaurant, or similar business, Louisiana’s Merchant Liability Act is in place to help you with the damages or injuries that occurred in these establishments.
However, it does set a high bar.
For your damages or injuries to be covered under this act, you must prove that the condition of the establishment presented an unreasonable and foreseeable risk of harm, that the merchant either created the condition or had actual or constructive notice of it before your accident, and that the merchant failed to exercise reasonable care in alerting or fixing these issues.
The presence of an employee near a hazard is not, by itself, enough to prove notice.
For injuries on other types of property, including private homes and non-retail premises, the state of Louisiana applies a ‘custody of a thing’ standard.
This means that the owner or the custodian is liable for the damages or injuries that occurred, if they knew, or should have known, of any of the following: a defect, the damage that could have been prevented with reasonable care, and/or failure to exercise that care.
Louisiana Civil Code article 3493.1 gives you two years from the date of your injury to file a premises liability lawsuit, as long as the injury occurred on or after July 1, 2024.
That’s double the one-year deadline the state used before this change.
If your fall or injury happened earlier than July 1, 2024, the older one-year rule under former article 3492 likely still applies, so pinning down the exact date matters.
Louisiana also replaced its old pure comparative fault system.
Starting January 1, 2026, article 2323 bars you from recovering anything if you’re found 51% or more at fault for your own injury. Anything that is below that threshold, your damages are simply reduced by your percentage of fault.
In premises cases, insurers often argue the injured person wasn’t paying attention, which makes building a clear fault picture from day one especially important.
STEP 1
Free consultation.
Tell us what happened and where. We’ll give you an honest read on whether you have a claim, at no cost.
STEP 2
Scene investigation.
We move quickly to document the hazard, pull surveillance footage before it’s overwritten, and identify witnesses.
STEP 3
Notice investigation.
We dig into when the property owner knew, or should have known, about the condition that hurt you.
STEP 4
Medical documentation.
We connect your treatment records directly to the incident.
STEP 5
Damage calculation.
We account for medical costs, lost wages, pain and suffering, and any ongoing impact on your life.
STEP 6
Demand and negotiation.
We present your claim to the property owner’s insurer and negotiate from a position of strength.
STEP 7
Filing suit, if needed.
When the insurer won’t offer a fair number, we file before your deadline and prepare for court.
STEP 8
Resolution.
You get your compensation, whether through a negotiated settlement or a verdict.
We represent clients hurt on a wide range of properties, including:
Behind every premises liability case is a person whose life changed in an instant because someone else didn’t do their job.
We’re here to help them put it back together.
The Voorhies Law Firm has spent fourteen years pushing back on the argument that a hazard was somehow the victim’s fault.
Across all our practice areas, we’ve recovered over $100 million for our clients, and every premises case gets the same level of scrutiny into what the property owner knew and when.
Results may vary, and the value of your case depends on its own specific facts and circumstances.
Property owners and their insurers often try to make a fall or an assault on their premises look like it was somehow the victim’s fault.
Richard P. Voorhies III and the team at The Voorhies Law Firm have spent fourteen years pushing back on exactly that kind of argument in Louisiana courtrooms.
We’re recognized by Super Lawyers, the Million Dollar and Multi-Million Dollar Advocates Forums, and other legal organizations, but what actually matters to our clients is more practical: direct access to your attorney and no bill unless we win.
We handle every premises liability case on contingency, so there’s nothing out of pocket to get started.
Yes, in most cases. Under Louisiana’s merchant liability law, you generally need to show the business created the hazard or had actual or constructive notice of it before your fall. This is often the hardest part of a premises liability case, and it’s where surveillance footage and inspection records matter most.
You can still recover compensation if you’re found less than 51% at fault, though your award is reduced by your share of fault. If you’re found 51% or more at fault, recovery is barred under Louisiana’s current comparative fault rule.
Generally two years from the date of injury for incidents on or after July 1, 2024. Injuries before that date may fall under the prior one-year deadline. It’s worth confirming your specific deadline with an attorney promptly.
Seek medical attention, photograph the hazard and the surrounding area if you’re able, get the names of any witnesses, and report the incident to the property owner or manager. Avoid giving a recorded statement to an insurance adjuster before speaking with an attorney.
Nothing upfront. We handle premises liability cases on a contingency fee basis, so we only get paid if we recover compensation for you.
