In this case handled by Mr. Roux, the plaintiff brought an action against Kenny’s Key West after he allegedly slipped and fell while at the bar. The Trial Court entered a judgment in favor of the defendants at the close of the trial. In affirming the Trial Court’s judgment, the Fifth Circuit clarified LSA-R.S. 9:2800.6 and found that a bar is a merchant under Louisiana’s slip and fall statute. It further held that the plaintiff did not prove that the bar had constructive notice of the spill when he only showed that his pants were damp after the fall. The plaintiff also failed to prove that the bar had actual notice of the condition because the bar had employees stationed throughout the bar to check for dangerous conditions. The bar presented positive proof that there were no reports of any puddles or spills on the evening of the alleged accident.
Ballas v. Kenny’s Key West, Inc., 02-684 (La. App. 5th Cir. 12/11/2002), 836 So.2d 289