Premises liability claims are legal actions that may be initiated by authorized visitors who sustain injuries on someone else’s property. These claims fall under personal injury law and require establishing that the property owner was negligent in maintaining safe and secure premises for others. If the owner can be found liable for the claimant’s injuries, they may be required to compensate the victim for their accident-related losses financially.
The legal professionals at Laborde Earles Injury Lawyers represent accident victims injured on commercial and residential properties. One of our Crowley premises liability lawyers can assist you in understanding and protecting your legal rights and seeking the compensation to which you are entitled.
Proving a Premises Liability Claim
Under Louisiana Civil Code Articles 660, 2317, and 2322, to litigate a premises liability claim successfully, the claimant and their legal team must demonstrate the following:
- The defendant (the property owner or occupier) owed them a duty to exercise reasonable care in maintaining a safe property and violated that duty by allowing a dangerous condition to exist.
- The property owner knew or should have known about the dangerous condition.
- The violation and, therefore, the dangerous condition were the direct cause of injuries the claimant sustained.
- The claimant’s injuries led to losses that warrant financial compensation.
A property owner’s level of liability typically depends on the following two factors:
The Victim’s Legal Status as a Visitor
A claimant’s legal status is determined by the relationship between the property owner and themselves. There are three main visitor statuses:
- Invitees are guests welcomed into commercial property for the owner’s financial gain. They include grocery stores, big-box marts, shopping malls, etc.
- Licensees are allowed onto a property, often residential, as social guests, or for other reasons. For example, friends, family, and neighbors might be considered social guests. Other visitors include canvassers or door-to-door salespersons. No financial gain for the property owner is involved.
- Trespassers are unauthorized visitors. Generally speaking, invitees and licensees have permission to be on the owner’s property. However, landowners generally do not owe any duty of care to trespassers, as they do not have permission to be on the premises. Still, whether a person was actually trespassing or not is a question of fact that needs to be legally determined.
The Property’s Condition
In determining whether a landowner is liable, the court will consider the property’s condition when the accident occurred. A landowner’s duty to maintain reasonably safe premises for visitors includes inspecting the property and repairing hazards or posting sufficient warnings. The court must also determine if the property owner knew the danger existed and, if not, whether they should have known.
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.
ClientHow Our Crowley Premises Liability Attorneys Can Work to Prove Your Case
Among the primary jobs of a Crowley premises liability attorney is to prove to the court that the claimant’s assertions regarding the property owner’s legal responsibilities are true. Unfortunately, establishing who is at fault in these cases is not always straightforward. Therefore, retaining a lawyer equipped to handle liability-related issues may be critical to facilitating a successful lawsuit.
Also, to support your allegations and prove your case, your attorney must collect evidence, such as police reports, eyewitness statements, accident scene photos, medical records, expert testimony, and income statements. In addition to gathering evidence and helping establish fault, your lawyer will be responsible for the following:
- Helping you understand your legal options and deciding which avenues to pursue
- Calculating the value of losses you’ve sustained
- Filing the required paperwork and meeting legal deadlines
- Presenting evidence to an insurer or a court
- Negotiating a case settlement with an insurer or liable party on your behalf
- Advocating for you and your family’s needs and best interests
- Taking your case to trial and representing you
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 | ClientRecoverable Damages for Premises Liability Injuries
Any related injury-related losses you’ve incurred warrant financial compensation if your accident was someone else’s fault. By filing a personal injury claim, you can pursue restitution for monetary expenses and physical, emotional, and personal losses. Damages you may be entitled to recover include, but are not limited to, the following:
- Medical bills, such as ambulance services, emergency care, hospital stays, and ongoing treatments
- Loss of income while in recovery
- Diminished income capacity
- Physical pain and suffering
- Long-term disability
- Emotional anguish, such as post-traumatic stress disorder
- Loss of quality and enjoyment of life
- Loss of companionship
An attorney can help you quantify your damages, determine your case’s worth, and present this value to liable parties for negotiation or settlement. Under CC Art. 3492, victims can file a personal injury lawsuit for up to one year following the accident, barring legal exceptions. Therefore, you are urged to retain an attorney as soon as possible to ensure you have allowed enough time to meet this deadline.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientExamples of Premises Liability Lawsuits
Examples of premises liability lawsuits related to incidents on commercial or residential properties include the following:
- Slip, trip, and falls, such as on icy pavement or wet floors
- Falling objects from heights
- Inadequate security leading to assault or robbery
- Swimming pool or drowning accidents
- Amusement park accidents
- Electrocution accidents
- Fires and explosions
- Toxic substance exposure
- Escalator and elevator accidents
- Treacherous staircases
- Animal attacks
It’s important to note that slip, trip, and fall accidents, in particular, are often the catalysts for premises liability cases. Unfortunately, injuries sustained in these accidents can be devastating for the elderly. For example, older individuals may experience hip fractures that take a prolonged period to heal or cause enduring damage and pain.
Slippery, uneven, or broken flooring and aging staircases, among others, are all potential causes of a slip, trip, and fall that can lead to the following potentially severe injuries:
- Cuts and lacerations
- Broken bones and torn ligaments
- Head and brain injuries
- Neck, back, and spinal cord injuries
- Hip injuries
- Partial or full paralysis
- Severe bruising
- Internal organ damage or bleeding
- Nerve damage
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.
ClientContact Laborde Earles Injury Lawyers for a Free Consultation
If you or a loved one were severely injured on another person’s property, our Crowley premises liability attorneys can guide you through the legal process and ensure your legal rights are protected. We have experience handling premises liability cases and will work tirelessly to obtain fair compensation for your injuries and losses.
