Webre v. Alton Ochsner Med. Found. Hosp. - 99-697 ( La. App. 5 Cir 03/22/00), 759 So. 2d 146

Rule:

In the context of Louisiana law on premises liability, the law as applicable now requires a showing that the defendant knew or should have known of the defect. The mere showing that a defect existed which caused the injury is insufficient to carry the burden of proof.

Facts:

While under defendant hospital's care for a brain tumor, plaintiff's wife was struck in the head by a grate that fell from the ceiling of an elevator. Plaintiff stated that his wife never returned to her “old self.” Plaintiff’s wife subsequently died. Plaintiff instituted an action in negligence against the defendant hospital for the injuries sustained by his wife. After a trial on the merits, the trial court found for plaintiff in the amount of $ 12,000.00. Defendant has appealed the judgment.

Issue:

Under the circumstances, could the defendant hospital be held liable for the injury caused by the defect in the hospital building?  

Answer:

No.

Conclusion:

The court held that the trial court used the improper standard in evaluating defendant's liability. Under La. Civ. Code Ann. art. 2322, the plaintiff had to show that the defendant knew or should have known of the defect in the building causing injury to recover. The mere showing that a defect existed that caused an injury was insufficient to carry the burden of proof. The trial record did not reveal that plaintiff ever made such as showing.