Property owners are obligated to other individuals, commonly known as invitees or guests, to maintain reasonably safe and secure conditions. Moreover, premises liability is a legal concept that holds landowners liable for accidents and injuries on their property. A typical example of a premises liability claim is a slip and fall that occurs in a store’s entryway.
Laborde Earles Injury Lawyers is dedicated to helping victims injured on another party’s property due to negligence recover compensation for their losses and pursue the justice they deserve. Our Broussard premises liability lawyers can handle your claim or lawsuit.
How a Broussard Premises Liability Lawyer Can Assist You With Your Claim
Our legal team aids clients in initiating personal injury claims and helps them navigate the complex processes involved from start to finish. More specifically, we can do the following:
- Investigate the accident and injuries and build a solid claim
- Quantify the full extent of losses
- Help the injured seek an insurance claim from the property owner
- Facilitate negotiations with health insurance carriers
- File a legal claim if no insurance settlement can be agreed upon
- Continue fighting for a favorable settlement or verdict
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Legal Status of Visitors and how They Apply to Premises Liability Cases
What type of visitor you were considered to be when your accident occurred is vital to your premises liability claim. It influences the landowner’s duty of care to you and could significantly impact the validity of your claim and the compensation to which you may be entitled. You will fall into one of the following four categories:
- Invitee: A person invited onto the property of another party, such as a customer in a restaurant or store. This invitation implies that the property owner has taken reasonable measures to ensure the safety of the premises.
- Licensee: A licensee enters a property for his purpose or as a guest and is present with the landowner’s consent.
- Trespasser: A person who enters premises without any legal right to do so, and therefore, there is no implied obligation to take reasonable care to assure the property is safe.
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The Property’s Condition and Landowner/Visitor Actions in Premises Liability Cases
In consideration of the landowner’s and visitor’s activities and the property’s condition, a standard of care is applied that requires the owner to exercise reasonable care for the safety of all visitors, with the possible exception of trespassers. Determining whether the owner met the obligatory standard of care owed to invited or welcomed visitors necessitates examining several factors, including the following:
- Under what circumstances the visitor entered the property
- How the property was being used
- If an accident and injury could have reasonably been foreseen
- The acceptability of the owner’s effort to repair an unsafe condition or warn visitors of its hazards
To summarize, landowners and businesses have a legal duty to ensure their property is safe and secure for lawful visitors or those patronizing a business. If the property’s condition is hazardous, the owner may be liable for losses incurred by the visitor depending on the accident’s circumstances.
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Filing a Premises Liability Claim
Determining who can be held liable for your injuries and losses is the first step when filing a premises liability claim. In legal terms, this individual is referred to as a “land possessor” and can include, but is not limited to, the following:
- Business owner
- Homeowner
- Landlord
- Property management company
- Club
- School
- Tenants
- Other property owners or managers
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Pursuing Damages in a Premises Liability Case
Recovering from a personal injury often puts tremendous physical, emotional, and financial strains on the victim and their loved ones. When determining the damages you are eligible to receive for a premises liability claim, you will need to consider your injuries and various losses. If you’ve been injured due to a landowner’s lack of care, you may be entitled to receive a financial award for the following:
- Past and future medical bills, including emergency care, hospitalization, doctor’s visits, medication, etc.
- Lost wages and income
- Diminished earning capacity
- Loss of life enjoyment
- Emotional trauma
- Physical pain and suffering
- Loss of companionship
- Scarring, disfigurement, and disability
Each personal injury case is unique, and several details may affect the value and outcome of a claim. When you file a lawsuit, your legal teams and other parties will collect available evidence to help establish a liable party and negotiate a settlement.
In Louisiana, personal injury lawsuits, including those involving premises liability, must be filed within one year of the accident’s date under CC Art. 3492. Failure to do so will likely result in a case dismissal, and the victim may never be able to claim compensation for damages.
Different Accidents Can Lead to Premises Liability Cases
- Slip and fall accidents on icy or neglected sidewalks
- Construction site accidents, such as those involving scaffolding and ladders
- Falls due to a property’s defective conditions, including businesses, government buildings, and apartment complexes
- Injuries from falling merchandise at retailers
- Swimming pool or near-drowning accidents
- Amusement park accidents
- Escalator and elevator accidents
- Dog bites and attacks
- Negligent security claims
Property Owner Defenses
Not all types of visitors and property-based hazards can qualify as grounds for a premises liability claim. If the claimant was not on the property lawfully or the danger could have reasonably been identified, the property owner could use these facts to support their defense. For example, they might argue the following:
- The visitor was trespassing. Property owners generally do not have a legal responsibility to ensure the safety of unauthorized or unlawful visitors on their property. However, this may not apply in cases involving young children or mentally challenged individuals unable to understand the concept of trespassing.
- The hazard was open and obvious. Under this defense, a property owner should not be liable for any property defect or hazard considered “open and obvious” if any reasonable person would be expected to identify the danger and avoid it.
Get a Free Consultation for a Premises Liability Accident and Injury
If you have sustained a premises liability injury due to another party’s negligence, you are urged to consult with Laborde Earles Injury Lawyers to ensure your legal right to compensation is protected. Your initial, no-obligation case review is free and confidential, so you have nothing to lose by contacting us today.
Call us today!
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