Property owners (also known as “possessors”) are legally obliged to maintain reasonably safe premises for authorized and welcomed visitors and warn them of any potential hazards. When a visitor is injured on an owner’s property due to foreseeably dangerous conditions, these circumstances fall under a legal concept known as premises liability.
When land possessors fail to keep their properties safe, visitors can become victims and incur severe, life-changing injuries and losses. Our Cade premises liability lawyers are committed to holding property owners accountable for their negligence or misconduct. At Laborde Earles Injury Lawyers, we’re eager to consult with you, evaluate your case’s merits, and pursue the compensation for which you may be eligible.
Examples of Premises Liability Cases and Injuries
Premises liability cases come in many forms, including the following:
- Slip and fall accidents
- Defective stairwells and staircase accidents
- Defective sidewalks or flooring
- Inadequate security
- Dog bites and attacks
- Falling or flying objects
- Ceiling collapse accidents
- Elevation accidents
- Fire safety and building code violations
- Electricity and electrocution
- Inadequate lighting
- Elevator and escalator accidents
To prevail in a premises liability claim, the claimant must demonstrate that their accident and injuries directly resulted from conditions the property owner should have repaired or warned others about. This can be verified using personal and eyewitness testimony, evidence provided by treating doctors and other experts, and medical records related to your injuries.
Common premises liability injuries include the following:
- Broken bones
- Electric shocks
- Burns
- Cuts, lacerations, and severe bruises
- Back and spinal cord injuries
- Neck injuries
- Head and traumatic brain injuries
- Partial or complete paralysis
- Scarring and disfigurement
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientNegligence, Premises Liability, and Visitor Status
A property owner’s negligence is typically the catalyst for premises liability cases. Negligence, legally speaking, is an individual’s or entity’s failure to provide the level of care reasonably expected of them under the circumstances. Establishing that a potential defendant was negligent is generally required to demonstrate that a premises liability claim is valid. If there is no negligent or liable party, there is no case.
To help you decide whether you should initiate a premise liability claim, we will determine if the following facts are true in your case:
- The premises owner or possessor owed you, as an authorized visitor, a duty of care, violated that duty, and was therefore negligent
- The possessor was aware (or should have been aware) of the hazardous condition
- The possessor’s negligence was the cause of your injuries and losses
- Your injuries and losses led to legally recoverable damages for which you should be compensated
Property Owner Duties
A premises liability lawsuit alleges the claimant was injured because a property owner was negligent in their responsibility to visitors. Generally speaking, property owners, often via managers or staff, have a legal obligation to do the following:
- Ensure buildings and grounds are reasonably safe and secure for authorized visitors
- Inspect premises regularly to identify possible dangers
- Repair or mitigate hazards on the property in a timely manner
- Post warning signs or create barriers that would alert visitors of hazardous conditions
Visitor Status
Whether a land possessor is liable for injuries incurred on their property depends on your visitor classification. In a premises liability case, you will be assigned one of the following statuses:
Invitee: A person who enters a public or private property for the financial benefit of the property’s possessor. Examples include store shoppers and patrons at a place of business.
Licensee: Any individual or party invited onto premises by the property owner for a purpose other than their own financial gain. Permission to enter can be expressed or implied. Examples include friends and family, neighbors, door-to-door salespeople, etc.
Trespasser: A person or party not invited or permitted to enter the premises.
Invitees and licensees are authorized visitors, and property owners are thus obligated to ensure they are reasonably safe from harm. Failure to do so may result in the visitor filing a legal claim if they are injured on their property. Conversely, property owners owe very little or no duty of care to trespassers. Therefore, they are unlikely to be held liable for injuries uninvited visitors sustain on their premises.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientWho Can I Hold Responsible for My Injuries?
Victims injured on another party’s property can hold those in control of the property liable for their accident, injuries, and losses, such as the following:
- A landlord, person, or entity who owns the property
- A tenant or renter
- A property management company responsible for maintaining the property
- A business or company that occupies the space where your accident occurred (e.g., supermarket, restaurant, or retailer)
- An employee at a business or company
In addition to these parties, there may be others who can be held liable in a premises liability claim. Our personal injury lawyers can help you identify your legal options depending on the facts of your case.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientSeeking Compensation for a Premises Liability Claim
The potential value of a premises liability claim depends on several factors, including the nature and extent of your injuries. The more severe, life-altering, and permanent your injuries are, the greater the likelihood you will be awarded substantial compensation through a settlement or verdict.
You can ask for compensation to cover the following expenses and losses:
- Medical expenses
- Lost income and employment benefits
- Reduced earning potential
- Physical pain and suffering
- Mental anguish
- Disfigurement
- Disability
- Reduced quality of life
According to the Louisiana statute of limitations, personal injury victims have just two years to file a lawsuit from their accident or injury date, according to CC Art. 3492. Failure to meet this deadline may result in your case being dismissed. Therefore, having an attorney who can adhere to legal procedures and meet relevant deadlines may be essential for you to secure a favorable settlement or verdict.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientWork With a Cade Premises Liability Lawyer Today
Unfortunately, many injured victims are forced to deal with physical and emotional pain caused by their injuries for the remainder of their lives. However, please remember that you do not have to suffer in silence. We can give you the support and legal advocacy you need during this challenging and traumatic time.
If you’re looking for a premises liability lawyer to help you seek justice and secure compensation for your injuries, please contact Laborde Earles Injury Lawyers today for a free, no-obligation consultation. Call us today!
