When you visit a business or residence, you expect the property to be in a reasonably safe condition. When properties are poorly maintained, or owners fail to implement safety precautions, innocent people can get hurt.
If you were injured because of a property owner’s negligence, a Houma premises liability lawyer from Laborde Earles Injury Lawyers can help you pursue compensation for your accident-related expenses.
Premises Liability Claims You Can Make
Premises liability is an area of personal injury law that allows victims to recover damages incurred because of negligent conditions on another party’s property. Often, premises liability claims deal with dangerous conditions or injuries related to negligent security.
Slip and falls are a common premises liability accident. According to the Centers for Disease Control and Prevention (CDC), they are the number one cause of injuries in retail stores. A property owner may be financially responsible for damages related to slip and fall accidents caused by:
- Negligent snow and/or ice removal
- Ripped or torn carpeting
- Cracked concrete flooring
- Loose floorboards or tiles
- Inadequate lighting
- Dangerous stairways or escalators
- Failure to warn patrons away from areas that are off-limits or unsafe
Negligent security cases deal with assault-related injuries that occur because of a property owner’s failure to protect their patrons or tenants. Examples of negligent security may include failing to hire a bouncer or doorman, failing to change the locks between tenants, or failing to install security cameras. Other personal injury cases that fall under the umbrella of premises liability include:
- Swimming pool accidents
- Dog bites
- The harm caused by toxic chemicals or fumes
A Houma Premises Liability Lawyer Can Help You Fight For Financial Awards
If your injuries are the fault of another party, you may be able to recover your expenses through an insurance claim. You can try to handle an insurance claim by yourself, but we can help relieve your burden.
An attorney can file your claims, submit paperwork, adhere to the insurance companies’ deadlines, and gather evidence to prove liability. You will need to show that your injuries are the fault of the property owner, and we can help you do this using medical records, videos, photographs, police reports, eyewitness testimony, and more.
One of our lawyers will work to negotiate the highest possible settlement for your:
- Past and future medical bills – This includes awards for emergency medical treatment, mobility aids, nursing care, physical therapy, surgeries, medications, hospital stays, and any other necessary medical care.
- Lost wages – You may win a sum for wages you lost because of your injuries and recovery.
- Loss of future earning capacity – If you can no longer work because of your injuries, you could win compensation for your loss of future earning capacity. If you cannot perform the same job as before your accident, you could win awards to pay for vocational rehabilitation and training.
- Personal property damages – This may include the costs of replacing or repairing cell phones, other electronics, jewelry, or other personal items broken or destroyed during your accident.
- Physical pain – Some injuries leave the sufferer with chronic pain and permanent disabilities. You may be entitled to awards for the ways your physical injuries impact your life and well-being.
- Emotional suffering – Accidents and their resulting injuries can lead to trauma, depression, and anxiety. If you are permanently injured, you may no longer be able to participate in activities you once enjoyed, interact in the same way with your loved ones, or contribute to your household. These awards attempt to offer compensation for the negative impact these side effects have on your life.
The Statute of Limitations In Your Case
Your lawyer will make every effort to resolve your case outside of court. However, if you must seek compensation through a personal injury lawsuit, you have one year to file your case, according to CC §3492. If you are suing on behalf of a deceased loved one, you have one year from their time of death to file a wrongful death suit under CC §2315.2.
Laws That May Affect Your Insurance Claim or Lawsuit
You should also be aware that you are entitled to compensation only if your injuries occurred while you were lawfully on another person’s property. This means that if you were trespassing, the property owner likely is not financially responsible for your injuries. Your status on the property also will affect your insurance claim.
The state also follows a model of pure comparative negligence. This means that if your actions contribute to your injuries, the court will hear your case and assign each party a fault percentage. Any settlement you win is reduced by your amount of assigned fault. Your degree of fault may also come into play during insurance negotiations.
Laws That Apply to Bars And Other Establishments That Sell Alcohol
Businesses that sell alcohol, and property owners who serve alcohol, are not responsible for injuries that happen due to intoxication, according to RS §2800. This means that, unlike many states, Louisiana does not have what is commonly referred to as a dram law. The state takes the view that alcohol is responsible for intoxication, not the person who sold or provided it.
Our Attorneys Can Help With Your Premises Liability Claim
A Houma premises liability lawyer with our firm will work hard to maximize your settlement and help you achieve the most successful outcome possible for your case. We want to help you win the awards you deserve without adding to an already stressful time. We will fight for your rights so that you can worry about getting your life back on the right path.
Call our offices at (337) 777-7777 for a free consultation. Our team is ready to discuss your case and get you started on the road to financial recovery.