Premises Liability Generations of Trusted Advocacy

Premises Liability Attorney in Houma

Name: Waitz & Downer
Address: 423 Goode Street,, Houma, LA, 70360
Telephone: (985) 331-7832

Injury Claims on Commercial, Industrial & Private Property Across South Louisiana

When a property owner’s negligence puts you in a hospital bed, the path forward can feel overwhelming. Waitz & Downer has represented injured individuals and families across South Louisiana since 1971, and premises liability claims are a core part of our personal injury practice. We serve clients throughout Houma, Terrebonne Parish, and the surrounding parishes of Assumption, Lafourche, and St. Mary.

Louisiana property owners owe a duty of care to people on their premises. When they fail to maintain safe conditions and someone gets hurt, the injured person may seek compensation for medical expenses, lost wages, pain and suffering, and more. We take premises liability cases on a contingency fee basis. No fee is owed unless compensation is recovered.

If you were injured on someone else’s property, call us at (985) 331-7832 for a free, confidential consultation with no pressure and no obligation.

Premises Liability Claims We Handle in the Houma Area

Dangerous conditions take many forms across the Gulf Coast.

Our practice covers the full range of premises liability scenarios common to this region:

Slip-and-fall accidents on wet floors, broken steps, uneven pavement, or unmarked hazards
Negligent security claims where inadequate lighting, absent security personnel, or missing locks contributed to an assault
Falling merchandise from improperly stacked shelves in retail stores, warehouses, and industrial supply yards
Dog bites and animal attacks on private or commercial property
Swimming pool accidents, including falls on pool decks and incidents tied to inadequate fencing
Industrial and oilfield premises injuries on service yards, commercial docks, and energy facilities throughout Terrebonne and Lafourche parishes
Apartment and rental property injuries from deferred maintenance, broken stairs, or structural failures
Hotel and commercial property hazards, including elevator failures, balcony defects, and dangerous parking lot conditions

Why Houma Residents Turn to Waitz & Downer

Our firm was founded in 1971 by Joseph L. Waitz and has grown into a three-generation family practice backed by over 100 years of combined legal experience. Hunt Downer Jr., a former Louisiana Speaker of the House with more than 50 years of practice, leads alongside the Waitz family attorneys. Hon. Joseph Waitz Jr., Terrebonne Parish District Attorney since 1997, serves as of counsel. Gary Williams Jr. is the incoming president of the Terrebonne Parish Bar Association.

That roster isn’t a footnote. It reflects real standing in the communities where our clients were hurt and where their cases are heard. Our attorneys grew up here, practice in Terrebonne Parish courts, and know the defense counsel and insurance adjusters on the other side of these claims. Premises liability insurers may take cases more seriously when the opposing firm has a demonstrated record of going to trial, and we don’t simply accept the first offer. We selectively handle severe bodily injury and wrongful death cases, and we’re prepared to see them through.

The firm has earned Martindale and Client Reviewed ratings and Lawyers of Distinction recognition. Joseph Waitz III has achieved millions in judgments and settlements for injured South Louisiana clients.

Louisiana Premises Liability Law: What You Need to Know

Louisiana’s premises liability framework is specific, and understanding its structure matters when your claim is being investigated.

The Property Owner’s Duty Under Louisiana Law

Under Louisiana Civil Code Articles 2317.1 and 2322, a property owner may be liable for damages caused by a defect on their property when they knew or should have known of the defect, the defect created an unreasonable risk of harm, and the damage could have been prevented by reasonable care. Proving a claim requires establishing four elements: the owner owed a duty of care, breached that duty by allowing or creating a hazard, that breach directly caused the injury, and the injured person suffered measurable damages.

The Merchant Liability Statute

Slip-and-fall claims against commercial businesses are governed by Louisiana’s Merchant Liability Statute, La. R.S. 9:2800.6. This law requires proof that the merchant created the hazard or had actual or constructive notice of it before the fall. “Constructive notice” means the condition existed long enough that a reasonable business should have discovered it. Because of that standard, evidence preservation is critical from the moment an injury happens.

Pure Comparative Fault

Louisiana follows a pure comparative fault rule: an injured person can still recover damages even when they were partially at fault, with their award reduced proportionally by their percentage of fault. Insurance adjusters routinely try to assign fault to the injured party to limit their exposure. An attorney who can counter that argument with documented evidence can make a measurable difference in how a claim is presented and evaluated.

The Prescriptive Period

For incidents occurring on or after July 1, 2024, Louisiana’s prescriptive period (the deadline to file suit) is two years from the date of injury under La. Civ. Code Art. 3493.1, enacted by Act 423 of 2024. Incidents before July 1, 2024, followed a one-year prescriptive period. Claims against governmental entities may require formal notice within a shorter window. Contact an attorney promptly to confirm the deadline that applies to your situation. Separately, surveillance footage at most Louisiana businesses is overwritten within days to weeks, so acting quickly can help preserve evidence your case may depend on.

I would recommend them to anyone needing a personal injury attorney.
“Waitz and Downer has handled legal affairs for my family for years. My daughter was involved in a head on collision with a drunk driver. The insurance company did not want to pay for my daughter to purchase a new car, hers was totaled. Waitz and Downer handled the matter very professionally and things were settled very quickly.”

- Lie Ann M.
Mary W. Riviere and her team are outstanding!
“Mary is sharp, professional, and friendly. She strives to meets the needs of her clients, and she truly invest in them and their cases. She is easily assessable, and she is exceptionally honest and trustworthy. She is an excellent attorney, and I highly recommend her!
”

- Dana P.
This firm is exceedingly generous to its clients and the community at large.
“Excellent law firm. Attorney Hunt Downer is a very down to earth guy who likes to keep it simple.”

- Joseph G.

Compensation Available in a Louisiana Premises Liability Case

Louisiana law allows premises liability victims to pursue recovery for medical expenses (past and future), lost wages and reduced earning capacity, physical pain and suffering, mental anguish and emotional distress, loss of enjoyment of life, disability and disfigurement, and loss of consortium for spouses. In cases involving catastrophic or permanent injury, future medical costs and long-term loss of earning capacity often represent the largest share of a claim’s total value.

Property owners and their insurers routinely attempt to minimize or deny claims. Having an attorney who documents damages thoroughly and is prepared to litigate can change the negotiating dynamic.

Steps to Take After a Premises Injury in Houma

What you do in the hours and days after an injury on someone else’s property directly affects your ability to pursue a claim. These steps protect your rights:

Seek medical attention promptly, even if the injury seems minor. Gaps in treatment are used by insurance companies to dispute severity.
Report the incident to the property owner, store manager, or building manager and request a copy of any incident report.
Document the scene by photographing the hazard, the location, any warning signs or their absence, and your visible injuries.
Collect witness information, including names and contact details from anyone who saw what happened.
Preserve clothing and footwear worn at the time. They may serve as evidence of the surface condition or the circumstances of the fall.
Don’t give a recorded statement to the property owner’s insurance company before speaking with an attorney.
Contact a premises liability attorney as quickly as possible. Surveillance footage is typically overwritten within days to weeks, and physical evidence disappears fast.

Over Five Decades of Legal Practice Protecting Families for Generations

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Strength with Heart

Big-firm results, small-town heart—we treat every client like one of our own.
We Stand Firm

From oilfields to open waters, we fight for the injured and the families left behind.
One Shared Mission
Three generations strong, our family’s legacy is protecting yours when tragedy strikes.
Rooted in the Gulf Coast

Born from the region we serve, we stand with our neighbors through every storm and every fight for justice.

Talk to a South Louisiana Premises Liability Lawyer Today

If you were hurt on someone else’s property, don’t wait to get answers. Waitz & Downer offers free, confidential consultations with no pressure and no obligation. We can explain your rights clearly, tell you honestly what we see in your situation, and let you decide your next step.

We handle these cases on a contingency fee basis, so cost isn’t a barrier to getting counsel from a firm with more than five decades of South Louisiana roots. Your privacy and peace of mind matter from the first call forward.

Call (985) 331-7832 or use our online contact form to schedule your free consultation with Waitz & Downer today.

Serving Terrebonne, Assumption, Lafourche & St. Mary Parishes

Our practice serves clients throughout Houma and Terrebonne Parish, as well as Assumption, Lafourche, and St. Mary parishes. Premises liability injuries occur across all of these areas, from commercial retail and hospitality properties to oilfield service facilities, residential rental properties, and industrial sites along the Gulf Coast. Wherever the incident occurred in our region, we’re prepared to investigate and pursue your claim.

fighting for the injured

With Generations of Strength

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