Personal injury cases can stem from an accident on another person’s property caused by a dangerous condition. Specifically, pemises liability claims assert that a property owner failed to use reasonable care to ensure their premises were safe for permitted visitors. Under the law, liable property owners can be held financially accountable for the victim’s injury-related losses due to an accident.
Unfortunately, establishing negligence and fault in these cases is not always straightforward. A Duson premises liability lawyer from Laborde Earles Injury Lawyers can help prove a property owner is responsible for your injuries and losses. Doing so allows clients to focus on healing, not the complex legal process.
Who Is Liable for My Injuries?
A premises liability claim can be initiated against one or more parties depending on the property where your injury occurred. Common premises liability defendants include the following:
- Business and property owners
- Business employees
- Property management companies
- Renters/tenants
- Motels and hotels
- Retail stores
- Restaurants
- Bars and clubs
- Parking lots and structures
- Event venues such as sports arenas
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 Fault in a Premises Liability Case
Proving fault in a premises liability claim requires concrete evidence that will stand up to legal scrutiny. Your best chance of obtaining the proof needed is by working with a personal injury attorney who can conduct a comprehensive investigation of the accident. In addition, premises liability cases can be challenging from a claimant’s perspective. The following is intended to provide guidance on this issue:
According to the CC Art. 2322, “The owner of a building is answerable for the damage occasioned by its ruin, when this is caused by neglect to repair it, or when it is the result of a vice or defect in its original construction.”
The article further states that such an owner is accountable for damages if it can be demonstrated that “in the act of reasonable care,” they were or should have been aware of the hazardous condition that caused a victim’s injuries. Also, the injuries could have been averted by exercising reasonable care, which the owner failed to do.
How to Qualify for a Premises Liability Claim
To qualify for compensation in a lawsuit, the victim must provide proof of injury-related damages they’ve sustained and their worth.
Finding negligence on the property owner’s behalf will be a fact-specific process that relies on your case’s unique circumstances. Another factor used to determine liability is based on the visitor’s status at the time of the accident, which will be one of the following:
- An invitee is a visitor invited to a property, often commercial, by the owner. This invitation may be direct or implied and typically include those who are there to do business, such as a customer shopping at a grocery store. An invitee’s presence is considered mutually beneficial for both parties.
- Licensees are also permitted to be on an owner’s property, but they are there for convenience or their own interests. An example would be guests at a party because they are there to enjoy themselves, not for the owner’s economic benefit.
- A trespasser is someone who entered or remained on a property without the owner’s permission. They have no legal right to be there, and the owner has little or no duty of care to maintain the property to protect them from harm. However, there are exceptions, such as when the trespasser is a minor or the owner is aware that people are likely to enter the property.
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 | ClientExamples of Premises Liability Claims
Many circumstances can result in personal injuries due to a property owner’s failure to exercise reasonable care, such as the following:
Slip and Falls
Slip, trip, and falls often occur due to poorly maintained grounds, such as floors, sidewalks, parking lots, and stairways. Whether a spill or adverse weather condition makes an area treacherous, property owners are responsible for clearing the hazard as much as possible and notifying visitors using signs or other warnings.
Negligent Security
Public properties and businesses need to ensure visitors are safe and protected on the premises, meaning that security personnel may be required in addition to CCTV, alarms, locks, floodlighting, and secured doors. These measures can help prevent unforeseen acts of breaking and entering, vandalism, or robberies that could jeopardize the welfare of guests.
Lax Maintenance
Ensuring a property is safe for visitors involves adequately maintaining the premises. For example, building elevators and escalators, appliances, shelving, furniture, etc., must be consistently inspected and repaired or otherwise remedied to prevent accidents. In addition, building and safety codes should be closely followed and up-to-date, as they can protect visitors from a wide range of hazards.
Dog Bites and Attacks
Unrestrained dogs can seriously threaten the safety of property visitors and cause significant injuries, whether they are scratched, knocked down, or bitten. In Louisiana, dog owners are “strictly liable for damages for injuries to persons or property caused by the dog, which the owner could have prevented,” and was not a result of the victim provoking the dog.
If a dog attacked you or you have suffered other injuries due to a property owner’s negligence, a premises liability claim could help you obtain the restitution you need to cover your expenses and personal losses.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientRecoverable Damages in a Premises Liability Claim
When a property owner’s negligence leads to an injury, they should be held accountable for the accident victim’s losses. Examples of damages recoverable through a premises liability lawsuit include the following:
- Loss of income
- Diminished earning capacity
- Medical expenses, such as emergency care, hospitalization, and doctor’s visits
- Physical therapy or rehab costs
- Diminished quality and enjoyment of life
- Physical pain and suffering
- Emotional trauma
- Loss of companionship
- Long-term disability
Aside from rare exceptions, a two-year statute of limitations applies to Louisiana personal injury premises liability lawsuits, according to CC Art. 3492. For this reason, injured victims are encouraged to contact a premises liability attorney promptly after an accident to ensure evidence is preserved and there is sufficient time to file a claim.
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.
ClientWork With a Duson Premises Liability Lawyer Today
If you’ve suffered preventable injuries on another person’s property due to the owner’s lack of reasonable care, we urge you to contact Laborde Earles Injury Lawyers for a free, no-obligation consultation. We can help determine which damages you are entitled to and pursue the compensation you need to recover from your losses.
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