Louisiana law requires that all property owners take proper care of their property. Thus, any property owner that fails to create 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 examines whether the property owner neglected their duty of care. The duty of care exists whether the harmful risks gets created by natural or man-made conditions. Failure to carry out 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 very 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 Abbeville Premises Liability Lawyers can help.
If you have sustained any injuries on another person’s property, we can help you seek fair compensation. To get a free case evaluation, give us a call at Laborde Earles Injury Lawyer at (337) 777-7777 today.
Negligence in 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 only be guilty of negligence if:
- The property’s condition posed a risk of harm to you at the time of your visit.
- The property owner knew that the property was not in good condition.
- The injury sustained was due to the risk of harm.
Proving these three scenarios can be very difficult, especially if you do not have the right lawyer by your side. To get compensated, you must prove that all three conditions existed. This means that you have the responsibility of collecting enough proof to prove that the property owner was negligent.
In almost all 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 have sustained.
Navigating through a premises liability case can be quite tricky. Fortunately, an Abbeville Premises Liability Lawyer can collect evidence to support your case.
The lawyer can also cross-examine various witnesses who can testify that the property owner did know about the serious risk of harm. The lawyer can then negotiate a fair settlement with the insurance company or the property owner.
For a free legal consultation with a premises liability lawyer serving Abbeville, call 337-221-9907
Situations That Can Lead to Premises Liability Lawsuits
Many scenarios can result in serious injuries for visitors while on someone else’s property.
Some of the most common ones are:
- Dangerous property
- Slip and fall accidents
- Inadequate security measures creating an unsafe environment
- Poor maintenance
- Children on property
- Dog and animal attacks
Dangerous property or property kept in the wrong place can cause serious injuries to visitors. For instance, when a property owner leaves construction material near open spaces where they can fall on people walking by can cause 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 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.
The property owner needs to take extra precautionary measures when children are 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 serious injuries to the visitors.
Premises liability lawsuits differ from case to case. They can also get very difficult as the laws governing premises liability are different in each state. Contact an experienced Abbeville Premises Liability Lawyer who will help you understand your case. Give any of our Laborde Earles Injury Lawyer a call at (337) 777-7777.
Abbeville Premises Liability Lawyer Near Me 337-221-9907
Bearing the Responsibility of Care
The liable party in a premises liability case is whoever fails to take reasonable care to avoid the risk of harm to themselves or others. This means that the property owner bears the responsibility of ensuring that their premises are safe. Besides, the property owner should inform the public of the risk of harm.
The law regarding premises liability cases is very different from state to state. For instance, the statute of limitations for filing a premises liability lawsuit is one year in Louisiana, according to Civil Code (CC) Art. 3492.
In addition, Louisiana has comparative negligence laws. These laws take into account the extent of negligence on both parties when calculating the amount of compensation. Thus, if you as the plaintiff bore some responsibility of care, then the amount awarded will usually get reduced by a certain percentage.
Consider an Abbeville Premises Liability Lawyer
The best time to get in touch with an Abbeville premises liability lawyer is immediately after the accident because the lawyers need to file your case before one-year lapses. Additionally, they need to collect evidence that the property owner is liable while proving that you did not bear any responsibility for your injuries.
Laborde Earles Injury Lawyers can review your case for free. Give us a call at (337) 777-7777 today.