If a person is injured due to dangerous property conditions, they may have the right to collect damages from the owner. This is a legal concept known as premises liability, which can come into play in a personal injury claim. Simply put, it asserts a property owner’s negligence was responsible for a claimant’s accident and losses. A typical example of a premises liability-related injury would be if a customer slips and falls on a store’s wet floor, hits their head, or breaks a bone.
Premises liability cases can be complex and often require a thorough understanding of personal injury law. Fortunately, when you retain a Fort Polk premises liability lawyer, they can determine if your claim is viable and begin building your case. If you have additional questions about the duties that landowners owe to their visitors, please contact Laborde Earles Injury Lawyers to learn more.
What Is Required for a Successful Premises Liability Case?
Property owners are obliged to protect those who enter their property. To demonstrate a property owner is responsible for a victim’s injuries sustained on their premises, a claimant must establish all of the following:
- A dangerous condition on the property presented an unreasonable threat of injury to visitors.
- The property owner was aware of or should have been aware of the condition.
- The property owner failed to take reasonable measures to remedy the condition or lower the risk of injury.
- The condition caused the victim’s injury, which resulted in various losses.
- The condition was not “open and obvious,” and the injured person did not know about the dangerous condition.
Louisiana courts have observed the “open and obvious” defense, which asserts that if a victim was injured due to an alleged condition that was open and obvious, then it was not unreasonably hazardous. Therefore, the property owner should not be held liable.
Determining Legal Visitor Status
Louisiana recognizes three different legal statuses which help determine a property owner’s duty of care to a visitor:
An invitee has the property owner’s explicit or implied permission to enter the premises and does so for each party’s mutual benefit. Property owners are expected to provide a reasonably safe, hazard-free environment for these patrons. For example, a customer in a commercial building such as a store is considered an invitee.
A licensee enters premises by explicit or implied invitation from the owner, but the purpose is not for economic gain. This would include welcomed house guests such as friends and relatives. Property owners are required to take reasonable measures to protect licensees from any known property dangers but do not have a responsibility to inspect and remedy unidentified hazards.
Trespassers do not have the landowner’s approval to be on the property but enter it illegally nonetheless. Louisiana property owners do not owe any duty of care to trespassers unless they are a minor, mentally challenged, or if the owner knows that people trespass on their property regularly.
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What Is Considered a “Dangerous Condition?”
A “hazardous” or “dangerous” condition is broadly described as one that foreseeably poses a risk to others, and any reasonable individual would realize it could lead to an injury. Examples include the following:
- Uneven or worn flooring
- Slippery or wet floors
- Poor lighting
- Negligent security
- Missing handrails
- Broken stairs
- Unleashed dogs
- Missing warning signs
- Swimming pool hazards
- Sidewalks in disrepair
- Inadequately maintained premises
- Building and safety code violations
You deserve justice if you were injured in an accident caused by any of the above or other hazardous property conditions. Our Fort Polk premises liability attorneys can help you understand your options, protect your legal rights, and seek the full compensation you are owed.
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What Damages Can I Recover in a Premises Liability Lawsuit?
If an injury you sustained on another person’s property caused you to suffer financial, physical, emotional, or personal losses, you are entitled to recover related damages, such as the following:
- Current and future medical bills, such as hospitalization, doctor’s visits, long-term care, etc.
- Current and future lost wages
- Loss of earning capacity
- Physical pain and suffering
- Emotional anguish
- Loss of consortium
- Loss of quality of life
- Long-term disability
- Scarring and disfigurement
Wrongful Death Lawsuits
A wrongful death related to premises liability occurs when a person loses their life due to a property owner’s failure to remedy a foreseeable, hazardous condition.
Close relatives of decedents fatally injured in a premises liability accident can seek a wrongful death claim against the property owner. They may be eligible to recover damages to help them pay for the following losses:
- The decedent’s final medical bills
- The decedent’s lost income and benefits
- Loss of inheritance
- Loss of the decedent’s love, advice, and support
- Loss of consortium
- Physical pain and suffering
- Emotional distress
- Funeral and burial expenses
To be awarded compensation in a personal injury or wrongful death claim, you must file your lawsuit within one year of the accident that resulted in your injuries. Failure to meet this deadline can result in your case being permanently dismissed. Therefore, you are urged to retain an attorney as soon as possible to ensure you have sufficient time to file your claim.
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How Our Attorneys Can Help
After an accident, you may be severely injured and encountering ever-increasing medical bills. We aim to prove the property owner knew about the hazardous condition before the accident and that it caused the injuries and losses you’ve suffered. When you let us handle your case from start to finish, we pledge to do the following and more:
- Explain your options and each step of the legal process in terms you can understand
- Keep you informed as your claim progresses
- Collect all supporting evidence and interview witnesses and experts
- Identify your damages and estimate their worth
- Negotiate with insurance agencies for a settlement
- Fight for fair compensation to cover your losses
- Take your case to trial if necessary
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Contact a Fort Polk Premises Liability Lawyer for a Free Case Review
If you or a loved one were injured in a preventable accident due to hazardous conditions on someone else’s property, you might be entitled to receive compensation for your many losses. Please contact Laborde Earles Injury Lawyers as soon as possible to schedule a free and confidential, no-obligation consultation.
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