Shattered Storefronts, Shifting Blame: Storefront Crashes and Owner Liability in Louisiana

Storefront crashes, where a vehicle collides with a building, are a serious issue with potentially devastating consequences. These incidents can cause significant property damage, serious injuries, and even fatalities. In Louisiana, determining liability in such cases involves examining various factors, with the store owner's potential responsibility being a key consideration.

Understanding Store Owner Liability

Louisiana law holds property owners responsible for maintaining a safe environment for visitors. This responsibility extends to protecting against foreseeable dangers, which, in some cases, can include the risk of vehicle collisions. While it might seem that the driver is always at fault in a storefront crash, there are situations where the store owner may also share liability.

Here are some factors that can contribute to a store owner's liability in a storefront crash:

• Inadequate Barriers: A critical factor is the presence and adequacy of barriers in front of the store. If a store lacks bollards, barriers, or other protective structures, or if these structures are insufficient to stop a vehicle, the owner may be held liable.

• Negligent Design: The design of the parking lot and storefront can also play a role. If the layout makes it easy for drivers to drive into the building accidentally, or if there are blind spots or other hazards, the owner could be found partially responsible.

• Failure to Warn: If the store owner is aware of a heightened risk of storefront crashes (e.g., due to the store's location or customer demographics) and fails to provide adequate warnings, they may also be liable.

Comparative Fault

Louisiana follows a comparative fault system. This means that in a storefront crash, the fault may be divided between multiple parties, including the driver and the store owner. A jury will determine the percentage of fault for each party, and damages will be awarded accordingly. For example, if a jury finds the driver 80% at fault and the store owner 20% at fault, the injured party can recover 20% of their damages from the store owner.

To effectively argue a premises liability case against a store owner, it's crucial to shift the primary focus from the driver's actions to the owner's negligence. Here are a few suggestions:

• Emphasize the Store Owner's Duty: Highlight the store owner's legal responsibility to provide a safe environment for their customers. Reinforce that this duty includes protecting against foreseeable dangers, such as vehicle crashes.

• Showcase Inadequate Safety Measures: Provide compelling evidence that the store owner failed to install or maintain adequate safety measures, like bollards or barriers. Demonstrate how these measures could have prevented or mitigated the crash, regardless of the driver's behavior.

• Focus on Preventable Factors: Direct the jury's attention to factors within the store owner's control, such as negligent design of the parking lot, inadequate lighting, or failure to post warnings. Argue that these shortcomings directly contributed to the crash.

• Expert Testimony: Utilize expert witnesses to testify about industry safety standards and best practices for storefront protection. An expert can clearly explain how the store owner's safety measures fell short.

By employing these strategies, you can effectively demonstrate the store owner's liability and ensure that the jury focuses on their responsibility in the storefront crash.

Preventing Storefront Crashes

Store owners can take several steps to prevent storefront crashes and reduce their liability:

• Install sturdy bollards or other protective barriers in front of the storefront.

• Ensure the parking lot and storefront are well-designed and clearly marked.

• Provide adequate lighting and visibility.

• Post warning signs if there are any potential hazards.

• Regularly inspect and maintain safety features.

By taking these precautions, store owners can create a safer environment for their customers and reduce their risk of liability in the event of a storefront crash.