Louisiana adopted a two-year prescriptive period for delictual actions in 2024. The rule affects anyone hurt in a fall at a store, a hotel, or an apartment in New Orleans. Knowing the date helps a person protect a slip and fall claim.
What Article 3493.1 Says
Louisiana Civil Code Article 3493.1 says delictual actions are subject to a liberative prescription of two years. A delictual action is a claim for harm caused by a wrongful act, which includes negligence claims after a fall. The article was added by Acts 2024, No. 423, effective July 1, 2024.
When the Two Years Begin
The article says the prescription commences to run from the day the injury or damage is sustained. For a slip and fall, that is the day of the fall. A person who waits to see how an injury develops is using up time that the statute is already counting.
The text doesn’t contain a separate rule for waiting until treatment ends. A calendar entry for the date of the fall and the date two years later is a practical step. The entry should be made right away.
The Exception for Minors
The article does not run against minors or interdicts in actions involving permanent disability and brought under the Louisiana Products Liability Act or state product liability law in effect at the time of the injury. That exception is narrow. It applies to product liability claims, not to every claim by a child.
A premises claim for a child follows the general two-year rule unless another law says otherwise. Parents shouldn’t assume extra time. A lawyer can confirm which rule applies to the facts.
Why Evidence Can’t Wait
Two years looks long on a calendar, but it is short for evidence. Cameras overwrite footage, floors get cleaned, and witnesses move on. The deadline is only one reason to act quickly, and the list below shows what to preserve after a fall:
- Photographs of the spot, the lighting, and any spill or defect
- Names and numbers of employees and witnesses
- The incident report, if the business made one
- Footage from security cameras, if any exists
- Medical records for each injury
Loss of evidence has a name in the courts. Reading about spoliation of evidence shows how Louisiana handles missing proof. Asking the business to keep its footage helps, and a written request leaves a record.
Where Falls Happen
Stores and hotels draw attention, but apartments matter too. Some tenants wonder about injuries at an apartment and who is responsible for common areas. The two-year rule applies there as well.
Store falls raise their own questions. A walkthrough of what to do when injured at Whole Foods shows the steps for one major retailer, and the same steps apply at other stores. Report the fall to a manager before leaving.
Settlement value depends on several things, including the injury and the proof behind it. A look at case value factors explains what moves a number. The records of the injury come first, and they should be organized early.
New Orleans Slip and Fall Claims
Our New Orleans slip and fall lawyer team starts with the date of the fall, the scene evidence, and the medical records. We track the two-year date from the first meeting. That date doesn’t move.
A trip on uneven pavement or a threshold is a different kind of fall. Clients hurt that way can work with ourNew Orleans trip and fall lawyer team, which reviews the surface and the lighting. The cause of the fall guides the evidence.
Hotels and resorts are part of daily life in the city. Our New Orleans hotel accident injury lawyer team handles claims for guests hurt on those properties, and incident reports matter there. Prompt documentation of the scene helps show what the property owner knew and when.
Working With Our Firm
At Kiefer & Kiefer, we represent injured people throughout Louisiana, and our firm has over 40 years of experience. Megan Kiefer, a partner, is admitted in Louisiana and California and was named to Super Lawyers in 2022, 2023, and 2024. The two-year rule starts on the day of the injury, so the date belongs on a calendar right away. People hurt in a fall in New Orleans can get in touch with us, and since our fees depend on a recovery, we only get paid if you get paid.
