Winter and spring in Lafayette bring their share of rough weather, from drenching rain to sudden storms and lingering dampness. These conditions can quickly turn sidewalks and entryways into slip hazards, putting businesses at risk for liability.

Many people don’t realize that property owners can be held responsible for these weather-related incidents if they fail to take reasonable precautions to keep their premises safe.

Read on to find out what businesses should be doing to keep you safe when the weather is bad, and how a Lafayette slip-and-fall lawyer can help you seek financial compensation if you’ve been injured because they failed to do so.

Businesses Have a Duty to Prevent Weather-Related Falls

Lafayette business owners have a legal duty of care to ensure their premises are reasonably safe for customers, employees, and other visitors, such as deliverymen, during bad weather. While they can’t control the rain, they are responsible for reducing the risks it creates.

While this isn’t a complete list, this can give you a better idea of whether the business where you were injured did everything they reasonably should have to prevent your accident:

  • Installing Non-Slip Weather Mats: Durable, rubber-backed mats with textured surfaces at entrances can help absorb moisture and prevent slippery floors.
  • Positioning Wet Floor Signs: Clearly visible “Wet Floor” signs should be placed near entryways, restrooms, and other wet areas warn customers of potential hazards.
  • Training Employees for Regular Maintenance: These businesses should have clear protocols to ensure staff can quickly spot spills or wet areas and address them using mops, absorbent materials, or drying tools.
  • Improving Drainage Systems: Outdoor areas like sidewalks and parking lots need proper slopes and drainage systems to prevent standing water. Awnings can also reduce rain or snow buildup near entrances. If the property owners are aware that rain tends to pool where customers walk, they need to correct the issue.
  • Installing Bright, Focused Lighting: Dim lighting, especially by walkways, can make it easier for customers to slip or trip on wet floors and uneven surfaces. When businesses fail to make the simple change to brighter lights, they can be held liable for resulting injuries.

After your injury, take notes, and if possible, photos of the dangerous conditions on the property where and when you were injured. These can be used as evidence for your claim.

How Liability Works in a Weather-Related Slip-and-Fall Case

Proving liability in a weather-related slip-and-fall case often depends on the property owner’s negligence. To hold a business accountable, you and your attorney must prove the following:

  • Duty of Care: The business is legally obligated to keep its aisles, passageways, and floors in a reasonably safe condition.
  • Breach of Duty: The business was aware or should have been aware of any unsafe conditions present, and failed to take reasonable steps within a reasonable amount of time to prevent harm to visitors.
  • Causation: The unsafe conditions presented an unreasonable risk, and caused your fall, resulting in injuries.
  • Damages: You suffered harm, such as medical bills, lost wages, or pain and suffering.

For example, it is reasonable to expect grocery store workers to be aware that puddles might form near the entrance when it is raining outside, due to water tracked in by people’s shoes or shed from their umbrellas.

Grocery store floors can become very slippery when wet. If the forecast predicted rain, but the workers didn’t place weather mats at the entrance, that may be evidence of negligence.

Likewise, if the rain had been proceeding for quite some time, but workers failed to mop near the entrance or place a wet floor sign, that could potentially also be used as evidence for your claim.

Proving that the employers knew about the hazard, and had enough time to remove it but failed to do so, can be difficult without the help of a lawyer to build your case.

Why You Need a Lafayette Slip-and-Fall Lawyer

Weather-related slip-and-fall cases can be complicated, especially when businesses deny fault or claim the accident was unavoidable due to the weather. A skilled slip-and-fall attorney can help you build a solid case. At Dudley DeBosier Injury Lawyers, we help by doing the following:

  • Gathering Key Evidence: Our attorneys collect surveillance footage, witness statements, and maintenance logs to learn how the property owner failed to address hazards. Weather reports and other records further demonstrate the conditions contributing to your fall.
  • Negotiating with Insurance Companies: Our team stands up to insurers who attempt to deny responsibility or minimize your claim. We can build a solid case with compelling evidence, fighting for a settlement that fully covers your losses, from medical expenses to emotional distress.
  • Establishing Damages: We can document your medical costs, missed work, and the lasting impact on your quality of life. This comprehensive assessment helps outline the full extent of your financial and personal losses.
  • Filing a Lawsuit When Needed: When a fair settlement isn’t possible, your lawyer can prepare and file a lawsuit to seek damages in court. We can represent you throughout the legal process, building a strong case to recover the compensation you deserve.

What Damages Can You Recover in a Slip-and-Fall Claim?

If you’ve been injured due to a weather-related slip-and-fall accident on a business’s property, whether that’s inside a store or in their parking lot, you may be entitled to compensation for the following:

Damage Type What It Covers
Medical Expenses Pays for medical bills from hospital stays, therapy, medications, and future treatment needs.
Lost Wages Reimburses lost income during recovery, and future earnings if your ability to work is affected.
Pain and Suffering Covers physical pain and emotional suffering, such as anxiety or trauma from the injury.
Loss of Quality of Life Addresses how the injuries limit your enjoyment of activities, hobbies, or relationships.

Get the Legal Support You Deserve

When you visit a local business in Lafayette, you have the right to expect a safe environment, no matter the weather conditions. If a property owner’s negligence led to your slip-and-fall injury, you may be able to pursue a settlement for your losses.

At Dudley DeBosier Injury Lawyers, our experienced legal team, backed by a network of industry experts, is ready to investigate your case and hold the responsible party accountable. Call us today for a free consultation so we can review your situation, explain your options, and help you take the next steps toward the compensation you deserve.

This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.