Wrought-iron balconies and centuries-old brick facades are part of what makes the Louisiana architecture of cities like Baton Rouge and New Orleans unforgettable. Still, that same charm comes with age, humidity, and wear. In July 2025, part of the historic Kurt E. Schon building in the French Quarter partially collapsed, closing a city block while officials assessed the damage. It was a reminder that in a city full of buildings well over a century old, structural failure isn’t a hypothetical. It’s a recurring, foreseeable risk, and one that falls squarely within premises liability law.
What Is Premises Liability Under Louisiana Law?
Under Louisiana law, property owners have a duty to keep their premises reasonably safe and to warn of known dangers, and that duty extends to anyone lawfully on the property, not just customers or invited guests. When an owner knows — or reasonably should know — about a hazard and fails to fix it or warn visitors, and someone is hurt as a result, Louisiana law provides a path to hold that owner accountable.
A City Built on Aging Bones
The Kurt Schon collapse wasn’t an isolated incident. Even the French Market building that houses Café Du Monde has had to close after a partial roof collapse tied to old attic timbers. French Quarter Management District Commissioner Glade Bilby pointed to aging infrastructure as the problem. “These buildings are old, 125 and 200 years old,” he said. “Everything rattles when the trucks, water trucks, beer trucks, and buses come through.” Add Louisiana’s humidity, termite pressure, and a steady flow of tourist foot traffic, and the risk of a balcony, gallery, or staircase failing under normal use is higher here than in most parts of the country.
How Common Are These Claims?
Nationally, premises liability is one of the most litigated categories of personal injury law. A Department of Justice study of large-county tort trials found premises liability claims were the second-largest share of all tort trials, behind only auto accidents. In a city where millions of visitors walk uneven sidewalks, climb narrow stairwells, and lean on decades-old railings every year, that national trend plays out locally on a near-daily basis.
Common Examples of Premises Liability Claims in Louisiana
- Structural hazards, such as collapsing balconies, unstable galleries, faulty handrails, or crumbling staircases in older buildings.
- Slip and trip and fall accidents on uneven or flooded sidewalks, cobblestone streets, or freshly mopped floors.
- Negligent security, including broken gates, malfunctioning locks, or inadequate lighting in areas where crime was foreseeable.
- Poor lighting in stairwells, courtyards, or parking garages that hides hazards from visitors.
- Dog bites and animal attacks, which can occur on both residential and commercial property.
- Swimming pool accidents, including drownings or injuries linked to missing fencing or a lack of supervision.
- Elevator and escalator malfunctions in hotels, casinos, and commercial buildings that aren’t properly inspected.
Louisiana’s Legal Landscape Just Changed, Twice
If you were injured in Louisiana, the rules that apply to your case may depend heavily on when the injury happened. For nearly two centuries, Louisiana gave injury victims just one year to file suit. That changed when Act 423 of 2024 extended the deadline to two years for most personal injury and premises liability claims arising on or after July 1, 2024. Injuries that happened before that date are still governed by the old one-year deadline.
Fault-sharing rules shifted too. Louisiana had long followed pure comparative fault, letting an injured person recover damages no matter how much they were partly to blame. That changed under Act 15 of 2025, which introduced a 51% bar for accidents occurring on or after January 1, 2026. So now, if a jury finds you 51% or more at fault, you can no longer recover anything.
What to Do If You’re Injured on Someone Else’s Property
Whether the hazard was a crumbling balcony, a flooded sidewalk, or a poorly lit courtyard, what you do right after the incident can shape whether — and how much — you’re able to recover.
- Seek medical attention promptly, even if injuries seem minor at first.
- Report the incident to the property owner, manager, or landlord.
- Photograph the hazard before it’s repaired or removed.
- Get contact information from any witnesses.
- Keep records of medical treatment and related expenses.
When to Talk to a Louisiana Attorney
Between a shortened filing window that only recently changed and a fault-sharing rule that can now eliminate your recovery, the margin for error in a Louisiana premises liability claim is smaller than it used to be. Proving negligence, documenting a hazard before it’s repaired, and standing up to an insurance company all take experience most people don’t have. Contact us today for a free consultation with an experienced personal injury lawyer.