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12 LA Civil accident actual or constructive Added by Acts agritourism alleged allegedly Appeal And Error Automobiles burden of proof City Civil Law Treatise claim constructive notice customer's damages death defect defendant Dept discretionary DOTD duty employee establish exercise reasonable existed expert testimony Facts 3d failed failure fell floor gence Health Hosp hospital jury La.App Liability Act LPLA Limitation of liability Louisiana law Louisiana Products Liability manufacturer medical malpractice action ment merchant Municipal Corporations Negligence nurse owner Parish patient patron physician plaintiff premises prior Products Liability Act Proof of Facts prove public entity recreational use statutes rehearing denied res ipsa loquitur result risk of harm slip and fall standard of care strict liability Subsection summary judgment surgeon surgery tion tort Transp treatment trial court ucts Liability unreasonable risk unreasonably dangerous Wal-Mart Stores warning Westlaw Winn-Dixie writ denied writ granted