[DOWNLOAD] "White v. Wal-Mart Stores v. Wal-Mart Stores" by Supreme Court Of Louisiana # Book PDF Kindle ePub Free
eBook details
- Title: White v. Wal-Mart Stores v. Wal-Mart Stores
- Author : Supreme Court Of Louisiana
- Release Date : January 09, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
FOR PUBLICATION September 9, 1997 We granted writs in this case to readdress the question of constructive notice under La. R.S. 9:2800.6 (1991). Because the statute is clear and unambiguous and contains no provision for shifting the burden to the defendant to prove his lack of culpability, we find that it is the plaintiff's burden to prove each element of her cause of action under La. R.S. 9:2800.6(B) (1991). Furthermore, because constructive notice is plainly defined to include a mandatory temporal element, we find that where a claimant is relying upon constructive notice under La. R.S. 9:2800.6(B)(2) (1991), the claimant must come forward with positive evidence showing that the damage-causing condition existed for some period of time, and that such time was sufficient place the merchant defendant on notice of its existence. Because Welch v. Winn-Dixie Louisiana Inc., 94-2331 (La. 5/22/95) 655 So.2d 309, is contrary to the clear meaning of La. R.S. 9:2800.6 (1991), it is overruled. Therefore, because the court of appeal and the trial court erroneously shifted the burden to the defendant to prove a lack of constructive notice, and because the plaintiff failed to otherwise prove that Wal-Mart had constructive notice of the spill, we reverse and find for defendant Wal-Mart.