When you’ve been injured on another person’s property, it’s often related to the owner’s negligence. A premises liability claim is a legal tool for recovering a monetary award to compensate for your injury-related losses.
At Laborde Earles Injury Lawyers, our premises liability attorneys are dedicated to helping victims successfully litigate their claims. Our Chalmette premises liability lawyers are equipped to handle your case from start to finish and advocate for your best interests every step of the way.
Causes of Accidents and Injuries in Premises Liability Cases
Common premises liability cases include the following:
- Slips and falls due to slippery floors
- Uneven or unstable floorboards
- Cement cracks
- Unsafe staircases with loose or broken railings
- Common areas where ice and snow accumulate
- Faulty electrical systems and fires
- Lax security
- Elevator and escalator malfunctions
- Falls from heights
- Falling objects from above
- Assaults by humans or animals
There is a wide range of injuries that may be sustained in a premises liability case and include, but are not limited to, the following:
- Broken or fractured bones
- Head and brain trauma
- Neck injuries
- Back and spinal cord injuries
- Full or partial paralysis
- Cuts, lacerations, and severe bruises
- Internal organ damage and bleeding
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Premises Liability Law and Negligence
A premises liability claim must demonstrate the property owner was negligent in maintaining their premises based on their duty of care owed to the victim. The level of responsibility the landowner owes to visitors is partially based on their status on the property.
To clarify, business owners owe a high level of care to patrons invited to the property for commercial purposes (invitees). And those who invite guests for social reasons (licensees) must ensure their safety, as well, or warn about known hazards. Conversely, landowners do not typically have a legal responsibility to trespassers, as they are unauthorized to be on their property.
In their duty of care, property owners are expected to conduct inspections of their premises, make sufficient repairs, and warn them about any hazardous conditions they have identified or should have been aware of.
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How a Chalmette Premises Liability Attorney Can Help
A premises liability attorney can help an injured victim prove the following to solidify their case:
- The landowner or “possessor” owed the victim a duty of care and violated that duty via negligent actions or inactions.
- The victim was injured due to the landowner’s negligence in maintaining their property, and they are therefore liable.
- The victim’s injuries resulted in losses that should be compensated for by the responsible party (the property owner).
Possible Landowner and Insurer Defenses
When claiming a property owner is liable for injuries you incurred on their premises, several considerations need to be taken into account. For example, collecting and preserving evidence is vital in these cases. This includes photos of the hazard at the scene, gathering witness contact information, and obtaining any available video surveillance of the accident. Later, you will need copies of medical records, income statements, and other relevant documentation.
Sustaining injuries due to a hazard on another person’s property does not necessarily mean the case is a slam dunk. There are several arguments that legal teams and insurance companies use to combat your claims, and for this reason, having an attorney to handle these disputes on your behalf may be vital to winning your case.
Among the most common defenses that a landowner or their insurer may allege in a premises liability claim is that the claimant was somehow responsible for their own injuries. For instance, the legal concept of “comparative fault” might apply to a personal injury case.
Example of Shared Liability
To explain further, if you, as the claimant, are considered more than 50 percent at fault for your injuries, you may not be allowed to recover any damages. But if the court determines you were less than 50 percent responsible, you can still be compensated, but your monetary award will be reduced according to your percentage of fault.
Louisiana also recognizes the “open and obvious” rule, meaning that if a property hazard is visible upon simple inspection, a reasonable person should have known to avoid it. Fortunately, our legal professionals can help you understand how this and other rules may apply to you. We can help you fight back and pursue the maximum compensation available in your case.
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Recoverable Damages in a Premises Liability Case
At first glance, it’s impossible to determine your financial award in a premises liability claim because every case is unique. The compensation you are eligible to receive depends on various factors, including the nature and severity of injuries and losses you’ve incurred. In general, however, the following damages may be applicable in your case:
- Medical expenses for injury-related treatment, such as ambulance services, emergency care, hospitalization, surgeries, doctor visits, prescription medications, x-rays, home equipment, and occupational therapy
- Lost income related to work missed due to the injury and recovery time
- Diminished earning capacity if you are unable to earn as much income as you did before the injury
- Disability, if your injuries left you unable to be gainfully employed
- Long-term care expenses if devastating injuries require daily assistance with personal care and medical treatments
- Pain and suffering for the physical discomfort and pain
- Emotional anguish, including depression, anxiety, or post-traumatic stress disorder
- Scarring and disfigurement, including needed reconstructive surgery and damages for social embarrassment
- Quality of life diminishments, such as loss of life enjoyment and companionship
The statute of limitations in Louisiana for personal injury lawsuits is one year from the date a victim’s injury occurred, according to CC Art. 3492. Failure to file a lawsuit by this deadline can result in your case being dismissed by the court, and you will be unable to receive reimbursement for your losses.
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Schedule a Free Case Review With a Chalmette Premises Liability Attorney Today
Laborde Earles Injury Lawyers offers free, no-obligation consultations to help you fully understand your legal options and determine whether your accident warrants filing a claim against the individual or business allegedly liable for your injuries. Contact us today, and let us begin working on securing the compensation for the losses you deserve.
Call us today!
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