Hiring a Slip and Fall Lawyer in Louisiana
Who is responsible for a fall in Louisiana, the deadline to sue and the shorter deadline for falls on city property, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Louisiana: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. The agreement must be in a writing signed by the client, and the client must get a copy or duplicate original when it is signed. It must state how the fee is figured, including percentages on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, whether expenses come out before or after the fee is calculated, and any expenses the client owes whether or not they win. At the end, the lawyer must give a written statement of the outcome and the client's share. Contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. |
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| If you disagree with a lawyer's bill | The Louisiana State Bar Association's Lawyer Fee Dispute Resolution Program handles minor attorney fee disputes between lawyers and clients (or between lawyers) through volunteer arbitrators. The LSBA charges a nominal administrative fee and may decline disputes that are too complex, involve many issues or parties, are pending elsewhere, or fall under a statutory scheme such as succession or workers' compensation. LSBA staff cannot give legal advice. Contact: (504) 619-0153 or (504) 619-0143. |
| If a lawyer takes your money | The LSBA Client Assistance Fund compensates clients who lose money or property due to a lawyer's dishonest conduct (not incompetence or failure to act), reimbursing up to $50,000 for thefts by a lawyer; interest and consequential damages are not paid, and fees are reimbursable only in limited cases, such as when the lawyer did no work. You must show the money or property reached the lawyer. Applying is free and no lawyer is needed; deadlines apply, so apply promptly. The fund also advises filing a complaint with the Office of Disciplinary Counsel. Contact: 601 St. Charles Ave., New Orleans, LA 70130-3427; (504) 566-1600 or (800) 421-5722, ext. 107. |
Louisiana rules to know first
| Property owner's duty | Louisiana's slip-and-fall rules come from statutes. A store or other merchant must use reasonable care to keep aisles, passageways and floors reasonably safe; a person who falls in a store must prove the condition was an unreasonable and foreseeable risk, that the merchant created it or had actual or constructive notice of it beforehand, and that the merchant failed to use reasonable care. Constructive notice means the condition existed long enough that it would have been found with reasonable care. For other property, the owner or custodian of a thing or building is liable for damage from its defect only if the owner knew or should have known of the defect, the damage could have been prevented with reasonable care, and the owner failed to use that care. Civ. Code art. 2317.1: https://legis.la.gov/legis/Law.aspx?d=109379 ; art. 2322: https://legis.la.gov/legis/Law.aspx?d=109385 |
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| Claims against a city or county | One set of laws covers both the state and local governments (parishes, cities and other political subdivisions). Suits must be filed in a Louisiana state court, and total liability for general damages for personal injury or wrongful death to one person is capped at $500,000, not counting property damage, medical care, and lost earnings or support. A public entity is liable for a defective thing in its custody only if it had actual or constructive notice of the defect and a reasonable chance to fix it. The sections reviewed do not set a separate written notice-of-claim deadline before suing a local government; the general filing deadline for injury suits applies. R.S. 9:2800: https://legis.la.gov/legis/Law.aspx?d=107250 . The filing deadline (prescription) is in the injury topic (sol_personal_injury). |
| Fault rule | Modified comparative fault with a 51% bar, effective January 1, 2026. An injured person who is 51% or more at fault cannot recover damages; a person who is less than 51% at fault has damages reduced by his or her percentage of fault. Fault is assigned to everyone who contributed, including non-parties. Damages are not reduced when the other party was an intentional wrongdoer. Before Acts 2025, No. 15 (effective Jan. 1, 2026), Louisiana used pure comparative fault; check which version applies to an older claim. Source: La. Civ. Code art. 2323 |
| Deadline to sue | Two years. Delictual (tort) actions, including personal injury claims, are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained. This two-year rule took effect July 1, 2024, when the former one-year rule (Civil Code art. 3492) was repealed. Injuries that occurred before July 1, 2024 may be governed by the former one-year period; check the effective-date provisions of Acts 2024, No. 423 for older claims. Source: La. Civ. Code art. 3493.1 |
Find and check a lawyer
| Lawyer referral service | The Louisiana State Bar Association's Find Legal Help portal does not describe a statewide LSBA referral line; its Find an Attorney directory can locate a local lawyer referral program for certain cities, and its Modest Means Directory lists attorneys who charge reduced fees to people who meet income requirements. LSBA phone: (800) 421-LSBA (5722) or (504) 566-1600. |
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| Check that the lawyer is licensed | The Louisiana Attorney Disciplinary Board's lawyer search lets you look up attorneys by name, city and status. Each result shows the date admitted, a status code (such as ELIG for eligible to practice, SUS suspended, DIS disbarred, INA inactive), public disciplinary actions with dates, and current administrative status. It does not show complaints, investigations or private discipline; full disciplinary history can be requested separately. Discipline history request: https://www.ladb.org/Account/DataRequest.aspx |
| Check discipline history or file a complaint | Complaints about Louisiana lawyers must be in writing to the Office of Disciplinary Counsel (ODC), using the Ethical Conduct Complaint Form or a letter describing what the lawyer did or failed to do, with the lawyer's contact details, dates and copies of documents. Mail to ODC, 4000 S. Sherwood Forest Blvd., Suite 607, Baton Rouge, LA 70816; phone (225) 293-3900 or (800) 326-8022. Anyone may file. ODC screens the complaint, may send it to the lawyer for a response (which you usually see), and may dismiss, issue a private admonition or file formal charges. You may appeal a dismissal in writing within 30 days. |
Free legal help
| Free legal aid | Louisiana's LSC-funded legal aid organizations, Acadiana Legal Service Corporation and Southeast Louisiana Legal Services, give free civil legal help to eligible low-income people. The LSBA also points people to the Louisiana Civil Legal Navigator (free legal information, court forms and legal aid referrals), LA.FreeLegalAnswers.org (online answers from volunteer attorneys for eligible adults), LouisianaLawHelp.org, and court self-help centers. LSBA page: https://www.lsba.org/goto/FindLegalHelp |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.