The burden of proof is different in Louisiana

In legal cases, the burden of proof is the responsibility of a party to prove their claims in court. This concept is crucial in premises liability claims in Louisiana, where someone gets injured on another person’s property. The plaintiff, or the person who got hurt, must show that the property owner was negligent. This means proving that the owner knew or should have known about a dangerous condition and failed to fix it or warn others.

An example of the burden of proof

Imagine you slipped and fell in a grocery store because of a wet floor. To win your case, you need to prove the following:

1. Unreasonable risk: The wet floor was an unreasonable risk of harm.
2. Notice: The store owner knew or should have known about the wet floor.
3. Failure to act: The store owner did not take reasonable steps to clean it up or warn customers.

For instance, if the store had no signs warning about the wet floor and no one cleaned it up for hours, you could argue that the store owner was negligent. You might use security footage showing the wet floor was there for a long time without any action taken.

Building a case using the burden of proof

Louisiana’s legal system is unique compared to other states in the U.S. because it is based on the Napoleonic Code, also known as civil law, rather than the common law system. Here are some key differences:

• Common law: In most states, laws are based on judicial decisions and precedents. This means that past court rulings influence future cases.
• Civil law: Louisiana’s laws come from written codes and statutes, which means judges interpret the law based on these codes rather than past decisions.

Louisiana is the only state that uses the Napoleonic Code. This system traces back to the French Civil Code established by Napoleon in 1804.

Premises liability in Louisiana

In terms of premises liability, there are some specific details:

1. Duty of care: Property owners must keep their premises safe and warn of any known dangers. This duty extends to all visitors, not just those invited for business purposes.
2. Comparative fault: The state follows a pure comparative fault system. This means that if the plaintiff is partially at fault for their injury, their compensation is reduced by their percentage of fault.
3. Prescription (statute of limitations): The term “prescription” is used instead of “statute of limitations.” For premises liability claims, the prescription period is generally one year from the date of the injury.

These are similar to other states, but noting the details is essential.

Building a case with the burden of proof

The basic strategy for building a premises liability case in Louisiana is similar to that of other states. The attorney will gather evidence to prove the property owner’s knowledge of the hazard. They may also use expert testimony by safety inspectors to interpret the civil codes and establish negligence. They will also likely provide medical records (perhaps with expert testimony from a doctor to interpret them) showing the extent of injuries caused by the incident. Additionally, lawyers prepare their clients for depositions and courtroom appearances, ensuring they can clearly and effectively present their side of the story. By meticulously organizing evidence and crafting a compelling narrative, lawyers aim to meet the burden of proof and convince the judge or jury that the plaintiff deserves compensation.