Premises liability refers to the responsibility of a property owner or operator to ensure a safe environment for others visiting the property. If someone is injured due to a safety hazard that the owner or operator failed to repair, they may seek fair compensation.
If the negligent actions of a property owner resulted in your injury, contact a reliable Alexandria premises liability lawyer. A well-versed injury attorney may have the knowledge and resources to help you protect your interests.
A property owner is legally obligated to exercise reasonable care and to warn visitors of any dangers that could foreseeably result in harm. If the owner failed to provide a safe environment and another person is injured, they may be held liable for the victim’s injuries.
In order to have a viable claim, plaintiffs must demonstrate:
As long as a person is legally on another’s private property, then it may be reasonable to expect at least a customary level of consideration for their safety. To determine whether a claim is viable, anyone who believes they were injured due to the negligence of a property owner could speak with an Alexandria premises liability lawyer.
A prescriptive period is a law that places a deadline on an injured person’s right to file a lawsuit in civil court. As with the majority of states, the deadline that applies to a premises liability case in Louisiana is generally the same that applies to a variety of personal injury cases.
According to Louisiana Civil Code Article 3492, an injured person has one year from the date of the injury to bring a civil suit. If the plaintiff attempts to file a lawsuit after the limitations period has passed, the property owner may ask the court to dismiss the case, and the plaintiff may lose the ability to pursue compensation from the at-fault party.
The various types of compensatory damages available under Louisiana law generally fall into the following categories:
Under extreme circumstances, punitive damages may be recovered in a premises liability case. Typically, punitive damages go beyond compensation and are meant to punish a defendant who has engaged in particularly reprehensible behavior and exhibited “gross negligence”. In the context of premises liability law, if the plaintiff established that the property owner was aware of the dangerous repercussions of their behavior and willfully refused to avoid the consequences of their actions, a jury may award punitive damages.
When you are an invited guest onto another’s property, you expect to be kept safe. When that expectation is not met and you are injured as the result of a property owner’s negligence, you may have the right to seek compensation and hold the responsible party accountable. To learn more about those rights and determine your next steps, contact an Alexandria premises liability attorney today.