Ballas v. Kenny's Key West, Inc.
836 So. 2d 289, 2002 La.App. 5 Cir. 684, 2002 La. App. LEXIS 3801 (2002)
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Rule of Law:
Under Louisiana's merchant liability statute, R.S. 9:2800.6, a plaintiff in a slip-and-fall case bears the burden of proving that a hazardous condition created an unreasonable risk of harm and that the merchant either created or had actual or constructive notice of the condition. A business that sells goods like beer at a fixed location, such as a bar or lounge, qualifies as a 'merchant' under this statute.
Facts:
- Keith Balias, an engineer for a concert production company, was hired to provide and manage sound equipment for a concert at Kenny’s Key West, a lounge in Jefferson Parish.
- On the night of August 20, 1997, Kenny's Key West was selling beer from large metal tubs placed on carpeted wooden blocks, located approximately six to eight feet from where Balias was working.
- After the concert, while Balias and a co-employee were dismantling a heavy speaker cabinet, his right leg slipped from under him, causing him to fall and injure his left knee.
- Balias did not see what he slipped on, testifying that the area was too dark to see the floor.
- After the fall, Balias noticed that his pants were damp and there was water on his boots.
- Balias testified that he did not see any employees of Kenny's Key West mop or inspect the floor area around the beer tubs at any point during the night.
Procedural Posture:
- Keith Balias filed suit against Kenny’s Key West, Inc. in a Louisiana trial court.
- The case proceeded to a bench trial.
- The trial court judge rendered a judgment in favor of the defendant, Kenny’s Key West, Inc., finding no liability.
- The plaintiff, Keith Balias, appealed the trial court's judgment to the Louisiana Court of Appeal, Fifth Circuit.
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Issue:
Does a plaintiff prove a merchant is liable for a slip-and-fall injury under Louisiana R.S. 9:2800.6 when the only evidence of a hazardous condition is the plaintiff's own testimony that his pants were damp, and there is no proof the merchant created or had notice of the condition?
Opinions:
Majority - Daley, J.
No, a plaintiff fails to meet the burden of proof under R.S. 9:2800.6 with such limited evidence. The court first determined that Kenny's Key West qualifies as a 'merchant' because its business is to sell goods (beer) at a fixed location, making the statute applicable. The court then found that Balias did not satisfy the statute's three-pronged burden of proof. Balias's testimony about his damp pants and boots was deemed insufficient to establish that a specific hazardous condition, such as a puddle, actually existed. Furthermore, even if a condition existed, Balias presented no evidence that Kenny’s Key West either created it or had actual or constructive notice of it, as he could not state how long any water might have been on the floor. The testimony of a manager about the lounge's safety policies and the absence of any reported spills on the night of the incident further supported the trial court's finding of no liability.
Analysis:
This decision reinforces the high evidentiary bar established by Louisiana's merchant liability statute for plaintiffs in slip-and-fall cases. It clarifies that circumstantial evidence suggesting a hazard, such as damp clothing, is not sufficient on its own to prove the existence of a specific hazardous condition that caused the fall. The ruling also affirms a broad interpretation of 'merchant' to include establishments like bars and lounges, ensuring they receive the statute's protections, which require plaintiffs to prove the merchant had actual or constructive notice of the hazard.
