If you are injured in an accident on another party’s property, the property owner or possessor may be liable for your injuries. Premises liability injuries often occur due to a hazardous condition that arises from owner negligence or lack of maintenance. For example, inadequate lighting, cracked walkways, wet or waxy floors, and broken stairways are all preventable conditions that could lead to severe injuries related to falls and other accidents.
Louisiana law dictates that property owners or merchants exercise reasonable care in maintaining their premises so that guests will not encounter unreasonable risk or harm. Failure to do so can render them financially responsible for losses the victim experiences due to injuries incurred on their property. The Catahoula premises liability lawyers at Laborde Earles Injury Lawyers help clients pursue the compensation they need to cover medical bills, lost income, and more.
Examples of Premises Liability Cases and Injuries
Our Catahoula premises liability lawyers represent personal injury victims in a wide range of personal injury cases. While slips and falls due to slick or poorly maintained floors are accidents commonly seen in premises liability lawsuits, many other circumstances can also result in significant injuries, such as the following:
- Inadequate security to prevent criminal assault
- Falling objects from heights
- Fires or explosions caused by building code violations
- Building collapses
- Escalator and elevator accidents
- Workplace accidents
- Dangerous amusement park rides
- Dog bites and animal attacks
- Pool drownings
- Toxic substance exposure
When property possessors fail to ensure their premises are safe for welcomed visitors, exposure to hazardous conditions can result in serious, life-altering consequences. Injuries that can lead to premises liability claims include, but are not limited to, the following:
- Head and traumatic brain injuries, concussions
- Neck and back injuries
- Spinal cord injuries, including herniated discs
- Cut, lacerations, and severe bruising
- Broken or dislocated bones
- Torn ligaments
- Burns, scarring, and disfigurement
- Internal bleeding and injuries
- Concussions
- Bone fractures
If you were injured in any of the abovementioned situations, please reach out to one of our legal professionals to learn more about your available legal options.
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Protecting Your Rights in a Premises Liability Case
After being injured in a property accident, you should immediately take the following steps to protect your rights to compensation if you can do so:
- Seek medical treatment—if you require emergency medical care, seek it immediately and call 911. If not, visit your health provider as soon as possible. Then, begin collecting medical documentation to support your case.
- Report the accident to law enforcement so they can file a report.
- Obtain contact information from witnesses so they can be contacted for interviews and asked to provide testimony in the event your lawsuit goes to trial.
- Take photos or videos of the scene, the hazard that caused your accident, and your injuries.
- Document accident details, including anything you can recall and what you did right before your injury occurred.
- Be mindful of what you say. Do not admit any fault for the accident to anyone, including the property owner and the insurance company. Do not post anything related to your case on social media.
- Contact a personal injury attorney who can communicate with insurers and work to negotiate a settlement or take your case to trial if necessary. Remember that your attorney will attempt to gather any evidence you have been unable to up to this point.
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Key Elements of a Premises Liability Case
For a person interested in filing an injury claim, retaining a Catahoula premises liability attorney who thoroughly understands this area of law may be crucial, as to prove your case, your legal team must establish the following:
- The defendant was the owner or in possession of the property where your injuries occurred.
- You were legally on the defendant’s property, meaning you were authorized to be there and not trespassing.
- The defendant violated their duty of care or obligation to maintain reasonably safe premises for visitors.
- You were injured, and the property owner’s negligence was the probable cause of your injuries.
- Your injuries resulted in physical, emotional, or financial losses.
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What Damages Can I Recover in a Premises Liability Case?
Injured victims of accidents involving premises liability can file a civil lawsuit and seek restitution for various damages, including the following:
Economic Damages
Economic damages are calculable losses, such as past and ongoing medical bills, medication costs, loss of income, diminished earning capacity, and any out-of-pocket expenses directly related to your injuries.
Non-Economic Damages
Non-economic damages are more challenging to estimate as they are based on quality-of-life losses that are not tied to bills or receipts. They include physical and emotional pain and suffering, loss of consortium and life enjoyment, disfigurement, disability, and other intangible losses.
Punitive Damages
In some cases, punitive (penalizing) damages may be awarded in a personal injury case. These are not intended to reimburse the victim for specific losses but to punish the defendant for grossly negligent or egregious acts.
Louisiana has a legal time limit of one year after the date of an injury occurring to file a personal injury lawsuit unless you qualify for a rare exception, according to CC Art. 3492. Failure to file by this deadline will likely result in a case dismissal, and you may never be able to secure compensation for your losses.
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How an Attorney Can Handle Your Premises Liability Case
Our lawyers can evaluate your case’s merits, collect evidence, interview witnesses and experts, and determine the damages you are entitled to. They will also need to carefully analyze the factors in your case and prove it was not your fault but the result of the defendant’s negligence in maintaining safe premises for visitors.
Without access to legal counsel, you may not be fully repaid for your losses because you are unfamiliar with the law, and it may be challenging to prove your case without professional help. Moreover, retaining an attorney with experience handling premise liability cases and advocating for their clients is essential.
Work With a Catahoula Premises Liability Lawyer Today
Please don’t hesitate to contact Laborde Earles Injury Lawyers today to find out how you can recover compensation for your premises liability injuries and losses. We offer free, no-obligation consultations and pledge to work tirelessly to achieve the best possible outcome in your case.
Call us today!
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