## Facts

- Ervin Joseph Bergeron was a 26-year-old student at Southeastern Louisiana University and lived in a campus dormitory.
- On March 23, 1987, after rain, Bergeron entered the dormitory lobby from wet exterior walkways and slipped, fell on his back, and struck his head on the lobby floor.
- The lobby floor was a hard, marble-like surface that became slick when wet.
- The dormitory had customary rainy-weather practices: the lobby monitor was expected to mop water as needed, place a mat by the entrance, and post warning signs.
- On the night of the accident, those precautions were not in place (no mat, no warning signs, and no visible mopping equipment), even though rain had made the entry area wet.
- Bergeron was wearing rubber “flip-flops” (rubber thong sandals) at the time of the fall.
- The resident manager had previously warned Bergeron not to wear flip-flops in the lobby, but Bergeron continued to do so.
- Bergeron sued the university seeking damages under negligence and custodial (then-styled “strict”) liability theories.
- The case was submitted by stipulation on depositions and medical records rather than live testimony.
- The trial court awarded Bergeron \$35,000 in damages and did not assign Bergeron any contributory/comparative fault.
- The university appealed, challenging liability and the amount of damages.

## Issues

1. Whether Southeastern Louisiana University, as custodian of the dormitory lobby, was liable under negligence and/or custodial liability for injuries caused by a rain-wet, slippery lobby floor.
2. Whether the wet lobby entrance, combined with the hard floor surface and the lack of customary precautions (mat, warnings, mopping), presented an unreasonable risk of harm.
3. Whether Bergeron’s conduct—particularly wearing flip-flops despite a prior warning and entering during rainy conditions—required an allocation of comparative fault.
4. Whether the \$35,000 damages award was within the trial court’s discretion on appellate review.

## Decision

- The court affirmed the trial court’s determination that the university was liable for Bergeron’s slip-and-fall.
- The court concluded that the wet condition in a high-traffic dormitory entry, on a hard slick surface, together with the absence of the dormitory’s usual rainy-weather measures, supported a finding that the condition created an unreasonable risk of harm attributable to the university.
- The court amended the judgment to assign Bergeron comparative fault based on his footwear and prior warning, and reduced his recovery accordingly.
- The court otherwise affirmed the damages award, finding the trial court did not abuse its discretion in setting general damages at \$35,000 before the comparative-fault reduction.

## Legal Principles

- A premises custodian (including a public university) may be liable when a condition under its control creates an unreasonable risk of harm that causes injury, under negligence principles and Louisiana custodial liability doctrines applied at the time.
- When rain is expected to track into an entry area, reasonable protective steps may include mats, warning signs, and timely mopping, especially where the floor surface becomes slick when wet and the area experiences frequent foot traffic.
- Evidence that an owner or operator had routine wet-weather procedures can support a finding that the risk was foreseeable and that failing to implement those procedures was unreasonable.
- Comparative fault applies when a plaintiff’s own conduct contributes to the accident; a plaintiff’s choice of footwear and disregard of prior warnings can justify reducing (not necessarily barring) recovery.
- Appellate courts review factual findings, including fault allocation, under a deferential standard, and review general damages for abuse of discretion rather than substituting their own assessment.

## Conclusion

In *Bergeron v. Southeastern Louisiana University*, the Louisiana First Circuit upheld liability against the university for a student’s rainy-night slip-and-fall in a dormitory lobby where the floor was wet and customary safeguards were not used, but amended the judgment to allocate comparative fault to the student for wearing flip-flops despite a prior warning and reduced the recovery while otherwise leaving the damages award intact.


Bergeron v. Southeastern Louisiana University, 610 So. 2d 986 (1992)