In a slip and fall case, the Louisiana Third Circuit recently ruled that a plaintiff, who on video, slipped on rice, but did not fall, looked and saw that the rice was there, walked out of view of the store’s video surveillance camera, and then twenty-two seconds later walked back into view of the video surveillance camera, slipped and fell, did not commit fraud in doing so. The court did reverse the trial court’s assessment of 100% fault against defendant to find plaintiff 60% at fault for walking on rice she knew was there, finding that “under the facts of this case, the lowest allocation of fault to [plaintiff] that would not constitute an abuse of the trial court’s discretion would be 60%, with 40% of the fault allocated to [defendant]. Stevens v. Market Basket Stores, Inc. 2015 WL 1650796.
Plauché, Smith & Nieset is engaged in the insurance defense practice, concentrating on insurance defense litigation and business litigation in Calcasieu Parish, Cameron Parish, Jefferson Davis Parish, Allen Parish, and Beauregard Parish. Plauché, Smith & Nieset also engages in the insurance defense practice throughout the state of Louisiana.