You are within your rights to reasonably expect a store you are shopping at or a neighbor you are visiting to ensure their property is safe and free from avoidable hazards. If they fail to fulfill such obligations, and you are injured as a result, it constitutes a premises liability claim.
It is the legal obligation of managers and property owners to ensure the safety of their visitors. Therefore, if you were visiting a property or a building and some hazard on the premises led to your injury, you may be eligible to seek monetary compensation. However, these claims can be complex but an experienced Lafayette premises liability attorney can assist you in seeking the best possible settlement.
Understanding Premises Liability
The legal concept that makes it essential for property owners to ensure that their grounds and buildings are safe and secure for tenants or visitors is known as premises liability. If the property owner should have been or was aware of a problem and did nothing to fix it, then they are responsible for any resulting accidents.
There are several accidents that can result from a property owner’s negligence. The most common cause of premises liability injuries is slip and falls. A recurrent example is a slippery floor without a proper warning sign. But these types of accidents can also be caused by broken sidewalks, debris in a hallway, and damaged stairwells.
Property owners must also ensure there are no toxic substances on the grounds such as asbestos and lead paint. At a minimum, they are expected to ensure any visitors are made aware of the danger present.
Adhering to the fire code is another important obligation of property owners. They can be held responsible for the damages if faulty gas pipes, inappropriate wiring, or something similar led to a fire that resulted in severe burns and significant property damage.
Finally, if someone was within their rights to be on the property, the owner is responsible for supervising any animals on the property. If a pet or stray animal attacks a visitor, they may have cause for a lawsuit.
For a free legal consultation with a premises liability lawyer serving Lafayette, call (337) 777-7777
Proving Negligence and Recovering Compensation in Lafayette
Proving the negligence of the other party is the most difficult part of a premises liability claim. In order to present a strong claim, a Lafayette premises liability attorney will have to clearly show that the victim was within their rights to be on the property and that the property owner should have been aware of the danger and did not adequately address it.
As with other kinds of personal injury claims, a person injured in a premises liability claim can seek compensation for all the economic and non-economic losses caused by their injuries and the associated trauma in a premises liability case.
A dedicated Lafayette premises liability attorney can assist them in dealing with health care providers to assess the complete value of a claim so that they can argue for a thorough settlement. Some damages a person may be entitled to compensation for include current and future medical costs for surgeries, checkups, and procedures, loss of income or wages and earning potential, loss of enjoyment of life, suffering and pain, emotional and physical therapy, transportation costs, and disfigurement and emotional distress.
Lafayette Premises Liability Lawyer Near Me (337) 777-7777
Iberia Parish Premises Liability Lawyer
What Kind of Injuries Could Happen?
There is a wide array of injuries victims could suffer as a result of poorly maintained property or premises. Some common examples include:
- Slipping on a broken stair step
- Falling on a cracked tile
- Being hit from falling debris
Victims may experience chronic physical pain due to these and other injuries. In particularly severe cases, they may be left with life-long complications such as disfigurement, which could greatly reduce their quality of life.
In addition, personal injuries on another’s premises may lead to burdensome medical bills. If the injury is extensive enough, those who are injured may lose income due to an inability to work. Personal injury may also lead to a heavy financial burden that can affect someone’s wellbeing.
If they can prove another party was negligent in the upkeep of their property, a victim of an accident on that property may be able to file a personal injury claim to recover for these aforementioned damages. A qualified Iberia Parish premises liability attorney may be able to assist in determining if there are grounds to file a personal injury claim.
Filing a Personal Injury Claim
Depending on the circumstances, property owners may be liable for any injuries that occur on their property. In Louisiana, premise owners are required to keep their buildings in repair and to exercise a reasonable amount of care in maintaining the property, as per Louisiana Civil Code Article 660.
If building ruin or defect cannot be reasonably known of by the property owner, then they may not have liability for injury that occurs as a result of it, according to Louisiana Civil Code §2317.1. An experienced lawyer can assist in determining if the property owner is in breach of their responsibility to show reasonable care over their property.
Property owners in Louisiana are further responsible for the damage done to their property by themselves and for anyone they are answerable to. This means that if something on the premise is broken and needs to be fixed, the property owner has the responsibility to do so.
Anyone who wishes to file a personal injury claim has a limited time to file. In Louisiana, a plaintiff is granted a one-year prescriptive period under LA Civ. Code §3492. If the injury is not immediately recognized, then there may be some leeway in this statute of limitations.
However, it is usually essential that any personal injury claim is filed as soon as possible. A premises liability lawyer in Iberia Parish may be able to help guide an injured party through the process of filing a suit.
Talk to a Lafayette Premises Liability Attorney Today
Premises liability cases are usually complicated, which makes it important to seek the services of a solid legal professional. The challenges of the case will not dissuade a focused Lafayette premises liability lawyer from fighting hard to get you the settlement you are entitled to for your injuries and damages.
A savvy attorney understands the various nuances of the case and can help you build a claim that reflects those complexities. Premises liability claims have the added difficulty of needing to prove you were allowed to be on the land, which makes it important to work with a lawyer who can advocate for your rights.