Premises liability refers to a landowner’s legal responsibility to ensure that authorized visitors are reasonably safe on their premises. If their property is in disrepair and an injury occurs, the owner may be held accountable in a legal claim—for example, a visitor could experience a slip and fall accident on a wet floor or an animal attack. Premises liability cases fall under personal injury law and might result in significant settlements.
As Coteau Holmes premises liability lawyers, we seek claims against insurers and property owners for injuries caused by defective property conditions. Laborde Earles Injury Lawyers can begin to seek justice and compensation for the losses you’ve suffered.
Premises Liability Accidents in Coteau Holmes
Personal injury accidents in nearly any form can transpire on someone else’s property. Still, some accidents may be more likely to occur than others, such as the following:
- Trip and falls due to raised or broken pavement, rumpled carpet, broken stairs, deteriorated wood, or other hazards
- Slip and falls on ice in parking lots, or wet floors caused by spills, leaks, or mopping
- Elevator and escalator malfunction due to mechanical defects or poor maintenance
- Faulty electrical wiring, sockets, or appliances causing electrocution injuries
- Falls due to missing or broken handrails or those pulled off the wall or stairway
- Falling merchandise from heights at big box stores, such as Walmart
- Fires and explosions related to fire hazards or propane or natural gas
- Toxic chemical exposure due to improper storage of hazardous substances
- Falling ceilings and tiles
- Swimming-related incidents such as a slip and falls on decks or drowning or near-drowning
- Inadequate building security
- Poor lighting in unsafe or unsecured areas
- Various building and safety code violations
- Dog attacks
When an accident occurs, it is essential first to determine who is liable for related injuries. A Coteau Holmes premises liability lawyer will thoroughly investigate property conditions to help determine if the owner is at fault and advise you on moving forward and potentially filing a case.
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Determining Fault in a Premises Liability Claim
As noted, premises liability laws require property owners to provide a relatively safe environment or post warnings about hazardous conditions. An owner who neglects this responsibility can be held liable if a person is injured on their property. To be eligible for compensation, the injured victim must prove the following circumstances are true of their case:
- There was an unreasonably hazardous condition on the property
- The property owner knew about the hazard or should have known about it and was, therefore, negligent
- The danger directly caused the claimant’s injuries
- The claimant sustained recoverable losses as a result of their injuries
If these legal prerequisites cannot be established as fact, it may not be feasible to hold the property owner liable or collect damages. Also, it’s important to remember that liability in personal injury cases is not always black and white. For example, Louisiana’s comparative fault law states that if an individual contributed to their injury somehow, their financial recovery would decrease by their percentage of responsibility.
Insurers and property owners also have other defenses. For example, the “open and obvious” rule states that if the hazard was open and obvious to a reasonable person, the property owner is less liable for failing to repair the condition or post warnings. This law assumes that visitors should recognize the warning signs of such obvious dangers and protect themself accordingly.
A premises liability lawyer can determine if you might bear any responsibility for your injuries, rebut the defendant’s arguments, and protect your legal rights.
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Damages Recoverable in a Premises Liability Case
Compensation attainable in a premises liability claim depends on various factors, such as the nature and severity of the person’s injury. Depending on your case’s unique elements, damages recoverable may include the following:
Medical Bills
In premises liability cases, victims are often able to recover damages for medical expenses, including those related to the following:
- Ambulance services
- Emergency care
- Hospitalization
- Surgeries
- Doctor visits
- Prescription medication
- Physical or occupational therapy
- Medical supplies
Loss of Income
A victim may be reimbursed for lost income or wages due to missing work while in recovery. They may also be awarded damages for potential future losses, such as diminished earning capacity and promotions.
Pain and Suffering
Damages for pain and suffering might be more challenging to determine than the above calculable losses because they are relatively subjective. Depending on the injury’s severity and impact on the victim’s daily life, they might include the following:
- Physical pain
- Emotional anguish
- Diminished quality and enjoyment of life
- Loss of companionship
- Scarring and disfigurement
- Long-term disability
Punitive Damages
Punitive damages are not intended to compensate an injured victim for specific losses. Instead, they might be awarded to penalize the defendant for committing a crime or making an egregious error due to gross negligence.
Wrongful Death Cases
Wrongful death claims are brought forth by the relatives of a person who was fatally injured due to someone else’s negligent actions or misconduct. Such deaths are often unintended but may be deliberate. In a wrongful death lawsuit, the decedent’s surviving family members may recover the following damages:
- Medical bills
- Funeral and burial expenses
- Loss of expected future earnings/income potential
- Loss of inheritance
- Loss of services
- Loss of companionship, guidance, support, and love
- Emotional grief and distress
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What Is the Deadline to File a Claim?
In Louisiana, CC Art. 3492 and CC Art. 2315.2 require claimants to file a personal injury or wrongful death lawsuit within one year of their accident, or their case may be permanently dismissed. Therefore, you are urged to contact our premises liability lawyers as soon as possible to ensure that all legal deadlines are met.
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Get help From a Coteau Holmes Premises Liability Attorney
If you were injured on another person’s property, please remember you have legal options for recovering damages for your losses. Contact us for your free, confidential case review, as there is no obligation to consult with us. If you choose our firm, we can begin investigating your personal injury claim and seeking the compensation you need to get your life back on track.
Call us today!
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