Summary
The Louisiana Fourth Circuit Court of Appeal affirmed the dismissal of Jared D. Johnson's personal injury claim arising from an alleged electrical shock caused by a defective refrigerator or freezer door at a Dollar General store. The court held that Johnson failed to prove that Dollar General had actual or constructive notice of the alleged defect, as required under Louisiana Civil Code article 2317.1. The court also declined to apply res ipsa loquitur to establish constructive knowledge.
Topics
Practice areas
Questions Presented
- Whether the trial court manifestly erred in finding that Johnson failed to prove all elements of a custodial premises-liability claim under Louisiana Civil Code articles 2315 and 2317.1.
- Whether the evidence established that Dollar General had actual or constructive notice of the alleged refrigerator or freezer defect.
- Whether res ipsa loquitur could establish the required constructive-knowledge element.
Holdings
- A plaintiff proceeding under Louisiana Civil Code article 2317.1 must prove by a preponderance of the evidence that the thing was in the defendant's custody or control, that it had a vice or defect creating an unreasonable risk of harm, that the defendant knew or should have known of the condition, and that the defect caused the plaintiff's damages. Failure to prove any one element is fatal to the claim.
- To establish constructive notice under Louisiana Civil Code article 2317.1, a plaintiff must present evidence that the alleged defect existed for such a period of time that the responsible party, exercising ordinary care and diligence, should have known of it and could have protected the public from injury.
- Res ipsa loquitur cannot, standing alone, establish the required constructive-knowledge element of a Louisiana Civil Code article 2317.1 claim.
Key quotations
“Plaintiff bears the burden of proving all four of these elements and “the failure of any one is fatal to the case.”” (7)
“However, this speculative testimony alone is not sufficient to demonstrate facts from which constructive knowledge can be inferred.” (8)
“Because application of res ipsa loquitur is an exception to the general rule that negligence is not to be presumed, it should be sparingly applied.” (9)
Factual background
On January 19, 2019, Johnson allegedly suffered an electrical shock when he attempted to open a refrigerator or freezer door at a Dollar General store in New Orleans. Johnson and his companion testified that they observed a spark and exposed wires after the incident, but Johnson presented no photographs taken on the incident date and could not establish how long the alleged defect had existed. The evidence also included conflicting medical testimony concerning the nature and extent of Johnson's injuries and whether his carpal-tunnel surgery was related to the incident.
Procedural history
Johnson filed suit in the Civil District Court for the Parish of Orleans after allegedly receiving an electrical shock while opening a refrigerator or freezer door at a Dollar General store. Following a February 11, 2025 bench trial, the trial court entered judgment on May 2, 2025, finding that Johnson failed to prove that the alleged defect was unreasonably dangerous and failed to prove Dollar General had actual or constructive notice of it. The Louisiana Fourth Circuit affirmed.