Premises liability is a legal concept in personal injury law in which another person or entity is responsible for an accident and harm inflicted on the claimant. When the injuries occur on someone else’s property and are due to hazardous conditions, the negligent party is often the property owner or manager and can include both individuals and businesses.
A personal injury attorney can ensure the best possible outcome in your case. Laborde Earles Injury Lawyers can investigate your case, gather evidence, and negotiate with insurance companies. Our Chataignier premises liability lawyers are here to help.
Premises Liability Case Examples
Premises liability accidents can occur when a property owner fails to repair or warn others of a hazardous condition on their premises. Many factors contribute to a premises liability claim, primarily that the property owner is responsible for keeping authorized visitors reasonably safe. Common circumstances include, but are not limited to, the following:
Slip and Fall Accidents
A slip and fall accident on someone else’s property can occur in public or commercial areas such as restaurants, grocery stores, hotels, parking garages, or malls. If an unsafe condition, such as a wet or waxy floor, causes you to slip and fall, you might have a viable legal case against a property owner.
Negligent Security
A property owner may be liable for damages under premises liability law if they failed to provide adequate security and the claimant experienced an assault or robbery on their premises.
Toxic Chemical Exposure
A property owner might be responsible for your illness if you were exposed to toxic substances such as asbestos, pesticides, mold, chemical solvents, etc. For example, this could occur if they failed to store substances safely.
Electrical Accidents
Electrical accidents can also become premises liability claims, such as in cases where victims sustained electrocution injuries due to exposed or faulty wiring. Also, electrical fires are commonly caused by worn-out sockets, switches, and light fixtures, leading to a victim’s severe burns, smoke inhalation, long-lasting or permanent scars, and disfigurement.
Regardless of the type of accident you suffered, our attorneys can help prove your case and secure fair compensation for your injuries.
How a Chataignier Premises Liability Lawyer Can Help
If you suffered injuries on someone else’s property due to lax maintenance or another reason, you might be able to hold them accountable and recover compensation. We can help you do this by doing the following:
- Analyzing and building a solid case
- Collecting evidence, such as photos and video, police reports, medical records, and income statements
- Proving negligence and liability
- Negotiating with insurers and striving to achieve a fair settlement
- Calculating your damages, including medical bills and loss of wages
- Representing you in court and arguing your case on your behalf
Premises liability claims can be challenging, but we are prepared to stand up to property owners and insurance companies on your behalf and advocate for your right to compensation.
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.
ClientProving Negligence in a Premises Liability Claim
Louisiana laws require property owners to exercise reasonable care in maintaining their premises for the safety of their authorized guests. With respect to this, you and your attorney must prove that the property owner is negligent and liable for your accident, injuries, and damages. More specifically, you will need to demonstrate that the following elements are true of your premises liability case:
- The defendant was in control of the property and responsible for ensuring the premises were reasonably safe for welcomed visitors, also known as a “duty of care.”
- The defendant failed to maintain the property, as a hazardous condition existed that they knew about or should have known about and did not repair. This is also known as a “breach” of duty of care.
- The hazardous condition (and, therefore, the property owner’s negligent actions) was the direct cause of the injuries you sustained.
- You incurred monetary, physical, or emotional losses due to your injuries.
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 | ClientDamages in Premises Liability Claims
Damages in premises liability claims represent physical, emotional, financial, and personal losses for which a victim can be compensated. The victim and their legal counsel must determine which types of damages apply to their particular case, which can include the following:
Short- and Long-Term Medical Bills
A severe accident victim will soon notice that their injury-related medical expenses, such as ambulance services, emergency care, surgeries, hospitalization, and medication, begin accumulating immediately. Other damages can occur in the future, including doctor’s visits, care for permanent disability, rehab, and other treatments for ongoing health conditions.
Loss of Income and Diminished Earning Capacity
Past and present loss of income includes the inability to work right after the accident while recovering. Diminished earning capacity reflects a decrease in wages due to an injury that will prevent you from doing your current job or deprives you of future career prospects.
Household Expenses
Household costs may include hiring child care or house cleaning services because the injured victim can no longer engage in these activities. These might also include home modifications to accommodate certain injury-related disabilities, such as a wheelchair ramp.
Physical Pain and Suffering
Physical injuries can be excruciating and, at the very least, cause significant discomfort for a prolonged period. Therefore, a person injured due to another’s party’s negligence deserves compensation for their undue suffering. These damages are typically paid in proportion to the injury’s severity and related pain.
Emotional Distress
A premises liability injury can be as psychologically harmful as it is physically and financially. Emotional distress damages can include permanent disability-related grief, depression, anxiety, or post-traumatic stress disorder.
Scarring and Disfigurement
Sometimes premises liability injuries result in interminable scarring and disfigurement. Therefore, the victim may claim damages for embarrassment and other emotional and social issues directly related to their altered appearance.
Loss of Consortium
Severe physical and psychological injuries can dramatically alter domestic relationships. A family member may request compensation for loss of consortium or companionship related to their injuries.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientIs There a Deadline to File an Injury Claim?
CC Art. 3492 requires that claimants file a lawsuit within two years of their injury unless some exception applies. Unfortunately, missing this deadline means you may never receive the money you need to pay for your losses. For this reason, retaining a Chataignier premises liability lawyer who can ensure your claim meets all legal requirements may be essential to preserving your right to restitution.
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.
ClientA Chataignier Premises Liability Attorney Can Help
If you believe you are entitled to compensation for injuries you’ve sustained, we encourage you to contact the legal professionals at Laborde Earles Injury Lawyers and let us effectively handle your case from start to finish. We offer free, confidential, no-obligation consultations and promise to give our full attention, support, and advocacy to every client we represent.
Call us today!
