Louisiana law requires that all property owners take care of their property. Thus, any property owner that fails to maintain a relatively safe environment becomes liable for any injuries people might suffer while legally on their property. For example, if a person slips and falls because the property owner did not conduct proper maintenance on the floor, then the owner is liable.
A premises liability case is a personal injury case about whether the property owner neglected their duty of care. The duty of care exists whether the risk comes from natural or man-made conditions. Failure to heed this duty is usually seen as negligence. However, a property owner is not wholly guilty of negligence if they put up a sign warning their guests of risky conditions.
Sustaining an injury on someone else’s property can be devastating. If the injury is serious, you and your family may incur debt due to your medical bills. The injury may also limit your ability to work. This is where an Abbeville premises liability lawyer from our firm can help.
If you sustained any injuries on another person’s property, we can help you seek fair compensation. We can offer you a free case evaluation.
Damages in an Abbeville Premises Liability Case
Depending on the severity of your injuries, you may be able to claim and collect damages. These could include such damages as:
- Pain and suffering if your injuries caused significant physical pain
- Mental anguish if your injuries caused emotional suffering
- Medical expenses for the treatment of your injuries
- Rehabilitation expenses for post-medical care, like physical therapy
- The costs of any assistive devices or home modifications you may require
- Lost earnings due to an inability to work
- Personal property damage
Wrongful Death Damages
If you lost a loved one to a premises liability incident in Abbeville, we’re very sorry for your loss. You could seek damages if you qualify under Louisiana state law, which our wrongful death lawyer can explain. These losses could include:
- Your deceased loved one’s outstanding medical expenses
- Your loved one’s physical pain and related damages
- The loss of a spouse or parent
- Any loss of household income the decedent would have contributed
- The cost of the funeral and related costs
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Negligence in an Abbeville Premises Liability Case
Showing that the property owner is liable in a premises liability case can be quite challenging. This is because the property owner can be guilty of negligence only if:
- The property’s condition posed a risk of harm to you at the time of your visit
- The property owner knew the property was not in good condition
- The injury sustained was due to the risk of harm
Proving these three criteria can be very difficult, especially if you do not have the right lawyer by your side. To get compensated, you must prove all three conditions existed. This means you are responsible for collecting proof to show the property owner was negligent.
In many premises liability cases, the property owner will deny responsibility. The property owner may also argue that the injured person did not take any necessary steps to protect themselves from harm. Hence, the court may find you partially liable for the injuries you sustained.
Navigating through a premises liability case can be quite tricky. Fortunately, an Abbeville premises liability lawyer from our firm can collect evidence to support your case.
Our lawyer can also cross-examine various witnesses who can testify that the property owner did know about the serious risk of harm. We can then negotiate a fair settlement with the insurance company or the property owner.
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Situations That Can Lead to Premises Liability Lawsuits
Many scenarios can result in serious injuries for visitors on someone else’s property.
Some common ones are:
- Slip and fall accidents
- Inadequate security measures creating an unsafe environment
- Poor maintenance
- Children on property
- Dog and animal attacks
A dangerous property or any personal property kept in the wrong place can seriously injure visitors. For instance, when a property owner leaves construction material near open spaces where it can fall on people walking by, this can lead to injuries. According to the Bureau of Labor Statistics (BLS), slips and falls came in second for nonfatal injuries resulting in missed work in 2017.
Slips and falls often occur on slippery surfaces that have been poorly maintained. Inadequate building security measures can cause a serious risk as anyone can walk into the building and assault a visitor. Poor maintenance of pavements or floors can also lead to premises liability lawsuits if the individual gets injured while legally on the property.
Abbeville Premises Liability Owners Have Duty of Care to Children
The property owner needs to take extra precautionary measures when children may be on the property. Children cannot understand or take the necessary steps to protect themselves, which makes them easily prone to injuries while on another’s property. Dogs and other animals belonging to the property owner can also cause visitors serious injuries.
Premises liability cases differ from each other. They can also get very difficult as the laws governing premises liability are different in each state. An Abbeville premises liability lawyer from our firm will help you understand your case.
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Bearing the Responsibility of Care
The liable party in an Abbeville premises liability case is whoever fails to take reasonable care to avoid the risk of harm to themselves or others. This means the property owner bears the responsibility of ensuring that their premises are safe.
The laws regarding premises liability cases are very different from state to state. For instance, in Louisiana, the statute of limitations for filing a premises liability lawsuit is one year from the date of the incident, according to CC Art. 3492.
In addition, Louisiana has comparative negligence laws. These laws take into account the extent of negligence for both parties when calculating the amount of compensation. Thus, if you, as the plaintiff, bear some responsibility of care, then the amount you’re awarded will usually get reduced by your percentage of responsibility.
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How One of Our Abbeville Injury Attorneys Will Help You
There’s a lot one of our firm’s attorneys can do for you. Our attorney can manage your entire case from the initial investigation to the final resolution. During this period, you can tend to your health and your family without having to worry about legal matters.
You won’t have to worry as much about financial matters, either, since your lawyer can work for you on a contingency basis. This means you won’t pay your lawyer anything unless your case is successful. You’ll just pay your lawyer a portion of your recovery amount.
Your lawyer can do the following for you and more:
- Investigate your case and recover evidence for it: Your lawyer will look into how your incident occurred and who may have been involved. The evidence our lawyer will gather could be the police incident report, any security camera footage, witness testimony, a statement from an accident reconstructionist, your medical bills, and more.
- Establish liability in your case: In addition to showing how the other party was negligent in your case, our lawyer will show how you were not negligent. This will protect you from liability while establishing the other party’s liability.
- Determine what your damages are and their worth: Our attorney will also ask you about all your damages, including your intangible damages, like your pain and suffering. These intangible damages can be difficult to establish, so we can assess their financial value for you.
- Negotiate your settlement or fight for a court verdict: Finally, our attorney will negotiate a fair settlement with the insurer or, if necessary, take your case to court and fight for you there.
About Our Abbeville Personal Injury Lawyers
Our attorneys have more than 250 years of combined professional experience handling personal injury cases like yours. Over the years, we’ve managed to recover hundreds of millions of dollars in these cases, including many cases involving the loss of a claimant’s loved one.
Our premises liability attorneys in Abbeville work on a contingency basis, so they’re especially motivated to help you recover your due compensation. During a free consultation, we’ll tell you much more about what your attorney will do for you.
Consider an Abbeville Premises Liability Lawyer From Our Firm to Represent You
The best time to get in touch with an Abbeville premises liability lawyer is immediately after your accident because the lawyer needs to file your case before the one-year deadline. Additionally, they need to collect evidence that the property owner is liable and that you did not bear any responsibility for your injuries.
Laborde Earles Injury Lawyers can review your case for free. Contact us today for your free case evaluation.
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