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.
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 an Alexandria premises liability lawyer.
For a free legal consultation with a premises liabilities lawyer serving Alexandria, call (318) 777-7777
Deadlines
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.
Alexandria Premises Liabilities Lawyer Near Me (318) 777-7777
Damages and Compensation Available
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
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.
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Property Owners’ 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
When are Property Owners Responsible for Damages?
In most cases, a property owner is responsible for injuries sustained on their premises when they knew that a dangerous condition existed yet failed to remedy it or warn others of its existence. A property owner could be responsible for the following situations:
- Trips and falls
- Inadequate security measures
- Elevator and escalator accidents
- Swimming pool and jacuzzi accidents
Suing a Property Owner for Damages
In addition to demonstrating that the property owner failed to act reasonably under the circumstances, the accident victim must also have suffered physical injuries. These physical injuries could take any number of forms, including soft tissue damage, broken bones, head trauma, and spinal cord injuries. Assuming the injury is related to the accident, the property owner could be legally responsible.
Victims in Louisiana must file their lawsuits within one year of the date of their accident. Given that the statute of limitations for personal injuries is extremely short, it is advisable to contact a Rapides Parish premises liability attorney as soon as possible. An attorney could assemble a strong claim and file it in a timely manner.
Pursuing 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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Speaking With a Reliable Alexandria Premises Liability Attorney
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.
Call or text (318) 777-7777 or complete a Free Case Evaluation form
