Smiley Injury Law is a client-centered personal injury law firm headquartered in uptown New Orleans, Louisiana, founded in 2005 by attorney Seth Smiley. The firm serves communities across Louisiana including New Orleans, Metairie, and Mandeville. Smiley Injury Law is fanatically focused on injury law and its clients, fighting insurance companies to maximize results and recovery for accident victims. The firm handles cases on a contingency basis — clients pay nothing unless the firm recovers compensation. With a collaborative team approach, strong community ties, and a willingness to take cases to trial, Smiley Injury Law has emerged as a leader in injury law for Louisiana.
The open and obvious doctrine doesn’t automatically defeat Louisiana slip-and-fall claims.
In a significant 2023 decision, the Louisiana Supreme Court in Farrell v. Circle K Stores noted this doctrine is not found in premises liability statutes. While hazard visibility affects whether conditions are unreasonably dangerous, property owners cannot simply ignore obvious dangers without any protective measures. We argue that hazards, even if somewhat visible, remained unreasonably dangerous given circumstances.
Claims against Louisiana government entities involve special procedures and deadlines under state tort claims laws.
Government immunity limits liability in some circumstances, though Louisiana allows many premises liability claims against state and local entities. You may need to file administrative claims before suing, and shorter notice deadlines may apply. Contact an attorney immediately after accidents on government property.
Louisiana slip-and-fall cases typically resolve in 12-24 months depending on injury severity, liability disputes, and whether trial becomes necessary.
Straightforward cases with clear liability and moderate injuries may settle within 8-12 months. Complex cases involving serious injuries, disputed liability, or multiple defendants often take 18-30 months. Full recovery of permanent injury damages requires understanding long-term medical needs, which takes time to evaluate.
Delayed reporting makes cases more difficult but doesn’t necessarily prevent recovery when you have other evidence proving your fall and the hazardous condition.
Photograph the dangerous condition as soon as possible, seek immediate medical care documenting your injuries, and report the incident as quickly as you can. Witnesses, medical records, and scene evidence can overcome reporting delays, though prompt reporting always strengthens claims.
Yes, Louisiana’s pure comparative fault system under Civil Code Article 2323 allows you to recover compensation even when partially responsible for your accident.
Your recovery is reduced by your percentage of fault, but you retain the right to compensation as long as the property owner shares responsibility. If you’re found 30% at fault and damages total $100,000, you would recover $70,000.
Yes, landlords in Louisiana have legal duties to maintain common areas—including stairways, hallways, parking lots, and building entrances—in safe condition.
They must repair known hazards, conduct reasonable inspections to discover developing dangers, provide adequate lighting and security, and warn tenants about conditions until repairs are completed. Lease agreements cannot waive these fundamental safety duties.
