The tragic death of a teen inside New Orleans' abandoned Plaza Tower is putting renewed attention on a social media trend known as “urban exploring”, or entering vacant or abandoned properties to explore, photograph or record video.
And the issue isn't limited to New Orleans.
In Kenner, police have been dealing with people entering the abandoned Esplanade Mall, with the police chief citing more than 100 trespassing incidents and 76 arrests at the property since 2022. Four more people were arrested Sunday after police say they were found inside the mall.
With those incidents in the headlines, there are questions about what happens legally when someone is injured or killed while inside an abandoned property.
Attorney Albert Nicaud says a recent change in Louisiana law could have a significant impact on those cases.
For years, Louisiana followed a pure comparative fault system. Under that system, someone could potentially recover damages even if they were largely responsible for their own injuries.
Under the state's current comparative fault law, if a person is found to be 51-percent or more at fault for an injury, death or loss, that person cannot recover damages. If the person's fault is less than 51-percent, any recovery is reduced according to their percentage of fault.
Nicaud says that creates an additional consideration for attorneys deciding whether to take on a case.
“If the plaintiff is found to be more than 50% at fault, then the plaintiff collects zero,” Nicaud said.
He says that could have a “chilling effect” on attorneys who might otherwise consider taking an injury or wrongful-death case, because lawyers can spend significant amounts on court costs, experts and other expenses before a case is resolved.
Still, Nicaud says the circumstances surrounding an incident would matter.
In a case involving an abandoned property, he says attorneys could look at questions including whether the property owner took reasonable steps to secure the building, whether the property was properly barricaded and whether other parties, potentially including a government entity, could have some responsibility.
Nicaud stresses that every case is different, and the new 51-percent rule does not automatically eliminate a property owner's potential liability.
But for families dealing with an injury or death, and for attorneys evaluating a potential lawsuit, determining exactly who is responsible can now make an enormous difference.
