Sidewalk and Public Property Falls in Louisiana
Who is responsible for a fall on a broken sidewalk in Louisiana, the short deadline to file a notice of claim against a city or county, and limits on damages.
Short answer: A public entity (the state, a parish, a city or other political subdivision) can be held liable for an injury caused by the condition of a thing in its care, such as a sidewalk or street, only if it had actual or constructive notice of the particular defect before the accident, had a… La. R.S. 9:2800(C)-(E), (G)
| Sidewalk falls: who is responsible | A public entity (the state, a parish, a city or other political subdivision) can be held liable for an injury caused by the condition of a thing in its care, such as a sidewalk or street, only if it had actual or constructive notice of the particular defect before the accident, had a reasonable chance to fix it, and failed to do so. Constructive notice means facts that infer actual knowledge. A public entity that only puts up warnings or barricades on property it does not own or control does not thereby take on responsibility for that property. The statute does not itself say whether the owner of property next to a public sidewalk is responsible for it. Source: La. R.S. 9:2800(C)-(E), (G) |
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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). |
| Suing the government | No general pre-suit notice-of-claim requirement was found in the statutes reviewed, but service of citation on the state, a state agency or a political subdivision must be requested within 90 days after the lawsuit is filed, or the case is dismissed. Lawsuits must be filed in Louisiana state court. Total liability for general damages (excluding medical care, lost earnings and property damage) is capped at $500,000 per person for personal injury and $500,000 for a wrongful death. Service rule: https://legis.la.gov/legis/Law.aspx?d=77935 Source: La. R.S. 13:5106, 13:5107(D) |
| Deadline to sue for an injury | 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 |
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FAQ
Who is liable if you trip and fall on a sidewalk in Louisiana?
A public entity (the state, a parish, a city or other political subdivision) can be held liable for an injury caused by the condition of a thing in its care, such as a sidewalk or street, only if it had actual or constructive notice of the particular defect before the accident, had a reasonable chance to fix it, and failed to do so. Constructive notice means facts that infer actual knowledge. A public entity that only puts up warnings or barricades on property it does not own or control does not thereby take on responsibility for that property. The statute does not itself say whether the owner of property next to a public sidewalk is responsible for it.
How long do you have to file a claim against a city or county in Louisiana?
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.
How do you file an injury claim against the government in Louisiana?
No general pre-suit notice-of-claim requirement was found in the statutes reviewed, but service of citation on the state, a state agency or a political subdivision must be requested within 90 days after the lawsuit is filed, or the case is dismissed. Lawsuits must be filed in Louisiana state court. Total liability for general damages (excluding medical care, lost earnings and property damage) is capped at $500,000 per person for personal injury and $500,000 for a wrongful death.
What is the statute of limitations for personal injury in Louisiana?
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.
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.