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 for their damages.
If the negligent actions of a property owner resulted in your injury, you can contact a reliable Alexandria premises liability lawyer for help with your case. A well-versed injury attorney may have the knowledge and resources to help you protect your interests. You can learn more about how a premises liability lawyer can help you during a free consultation with a Laborde Earles Injury Lawyers team member.
Damages and Compensation Available in Louisiana
The various types of compensatory damages available under Louisiana law generally fall into the following categories:
- Necessary and reasonable medical expenses
- Loss of earning capacity
- Mental anguish
- Physical impairment
- Disfigurement
The first two damages listed are economic, while the last three are non-economic damages. “Economic” means the damages have a monetary value, while “non-economic,” means they don’t. 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.
We Can Ensure You’re Fighting for All the Damages You’re Entitled to
A premises liability lawyer with our firm’s Alexandria office can review your case and see what damages are recoverable. Our attorney can also calculate your economic and non-economic damages and come up with a value for your case. This figure will help you and your lawyer determine what compensation to seek on your behalf from the party or parties who are liable in your case.
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Why You Shouldn’t Try to Handle Your Case Without an Attorney
Our premises liability lawyer can help you collect evidence proving your case and hold the owner of the property or another party liable for your injuries. We can manage your entire case, handling communications with all parties and all negotiations for a fair settlement. We will file a lawsuit if negotiations do not work out.
When you are our client, we guide you through the legal process, ensuring that you know all case developments and laws that apply to your case. We will answer any questions you have and keep you informed at all times.
Many people turn to personal injury attorneys to help them navigate the legal challenges of their cases and save them time. We represent many clients who need to use their time to heal from their injuries, so they leave their legal matters to us. We can do the same for you.
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How to Prove Negligence in a Premises Liability Claim
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:
- The property owner or party responsible for managing the grounds knew or should have known about any hazards.
- The responsible party failed to either warn visitors of any potential risks or fix the problem.
- They did not have reason to know of the dangerous condition.
- They were on the property legally.
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 a team member about how an Alexandria premises liability lawyer could help their case.
A Property Owner’s Duty of Care
Generally speaking, property owners owe a duty of care to visitors. Landowners have the highest duty of care to protect those who enter their property for business purposes.
Specifically, the owner must inspect their property for hazards and take precautionary measures to safeguard against these known defects.
The property owner must either warn about or correct known dangers, and if they fail to do so, they could be held responsible for injuries that occur.
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How to Sue a Property Owner for Damages
The first step in a premises liability case is to file a complaint against the property owner’s insurance company. If the insurance company denies liability, the accident victim may need to go ahead and file their lawsuit in court.
If the property owner’s insurance company offers a settlement, the plaintiff’s attorney may be able to negotiate with them about the value. If the parties cannot reach a fair number, a lawsuit could then proceed through the court system.
Compensable damages arising out of a premises liability case might include compensation for medical treatment, lost wages, pain, suffering, and more. A Rapides Parish premises liability attorney could help victims identify and calculate a value for all of their compensable damages.
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Deadlines for Filing a Premises Liability Lawsuit in Louisiana
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 (CC) §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 limitation 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.
Our lawyer will make sure your case is filed by the statute of limitations deadline, provided that we have enough time to work on your case.
When You Call us, You’re Calling a Team of Reliable Premises Liability Attorneys
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 during a free consultation, contact an Alexandria premises liability attorney today at (318) 777-7777.
Laborde Earles Injury Lawyers can review your premises liability case and advise you on your next step. With more than 250 years of combined experience, we know personal injury cases and Louisiana’s rules concerning these kinds of cases.
Our Attorneys Can Help You Seek the Maximum Compensation Possible in Your Case
To date, our firm has recovered more than $200 million in verdicts and settlements for our injury clients. We want to put this experience to work for you. We are a contingency firm, so we take no payment from you upfront to work on your case.
We don’t get paid unless you get paid. If you receive compensation, then our payment comes at that time. Give us a call today at (318) 777-7777.
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