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 may constitute 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.
These claims can be complex, but a Lafayette premises liability lawyer can assist you in seeking the best possible settlement. We can review your legal options during a free consultation.
Types of Premises Liability Cases You Can Sue for
The legal concept that makes it essential for property owners to ensure 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, they are responsible for any resulting accidents.
Slip and Fall Accidents
Several accidents that can result from a property owner’s negligence. The most common cause of premises liability injuries is slip and fall accidents. A recurrent example is a slippery floor without a proper warning sign; however, other hazardous conditions can cause these accidents, such as a broken sidewalk, debris in a hallway, or a damaged stairwell.
Toxic Substances
Property owners must also ensure no toxic substances are on the grounds, such as asbestos or lead paint. At a minimum, they are expected to ensure any visitors are made aware of the danger present.
Fire Code Errors
Adhering to the fire code is another important obligation of property owners. They can be held responsible for damages if faulty gas pipes, inappropriate wiring, or something similar led to a fire that resulted in severe burns or other injuries.
Dangerous Animals
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, the victim may have cause for a lawsuit.
Negligent Security
When property owners fail to maintain the premises’ security, whether by hiring security professionals or installing necessary security equipment, they can be held accountable when victims are assaulted on their property.
Inadequate Maintenance
Property owners must ensure their property is safe at all times for invited guests and patrons. When they fail to make necessary repairs to the property promptly, any injuries occurring due to this negligence may be the property owner’s responsibility.
Trampoline and Swimming Pool Accidents
Trampoline and swimming pool accidents are some of the most devastating types of premises liability claims. When property owners fail to install necessary enclosures or fencing or provide the required supervision to keep all invited parties safe, they may be held accountable for the injuries victims sustain.
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What Kind of Injuries Can You Sue for in a Premises Liability Case?
There are many injuries victims could suffer due to a poorly maintained property. Some common ways these accidents occur include:
- Slipping on a broken stair step
- Falling on a cracked tile
- Being hit by falling debris
- Explosion
- Electrocution
In accidents of this nature, injuries can take many forms, some of which could include:
- Compound fractures or other broken bones
- Amputation
- Facial injuries
- Traumatic brain injuries, including concussions
- Spinal cord injuries
- Back injuries
- Neck injuries
- Internal bleeding
- Organ failure
- Post-traumatic stress disorder (PTSD)
- Full-thickness burns
Victims may experience chronic physical pain due to these and other injuries. In particularly severe cases, they may be left with lifelong 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 injuries are extensive enough, victims may lose income due to an inability to work.
Personal injuries may also lead to a heavy financial burden that can affect someone’s well-being. 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 or lawsuit to recover these aforementioned damages.
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How a Premises Liability Lawyer Can Help You Strengthen Your Case
An Iberia Parish premises liability attorney can assist in determining if there are grounds to file a personal injury claim or lawsuit. If you hire a lawyer with our legal team, we can build a case that aims to prove negligence, thereby warranting compensation for you.
We will investigate your case to determine who is responsible for your injuries and damages. We can review the evidence you have and collect additional evidence if necessary to build a strong case.
We can review:
- Medical records that document your injuries and treatment you received
- An official incident report explaining what happened in your accident
- Witness statements from people who can support your account of what happened
- Photos or videos of the accident scene, your injuries, and personal property damage
- Security camera footage at the site that can show what happened to you
Once we have proof of who is liable in your case, we can also review and calculate your damages to know what amount we should seek on your behalf.
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Proving Negligence and Recovering Compensation in Lafayette
Proving the other party’s negligence is often the most difficult part of a premises liability claim, but we can help you with that critical task. To present a strong claim, a Lafayette premises liability attorney with our firm will have to show that:
- You (the victim) were within your rights to be on the property.
- The property owner or manager should have been aware of the danger and did not adequately address it.
As with other personal injury claims, a person injured in a premises liability claim or lawsuit can seek compensation for all the economic (monetary) and non-economic (non-monetary) losses their injuries caused and associated trauma. A Lafayette premises liability attorney can assist you in dealing with healthcare providers to assess the complete value of your claim or lawsuit so that you can argue for a thorough settlement.
Some damages a person may be entitled to compensation for include:
- Current and future medical costs for surgeries and other care
- Checkups and procedures
- Loss of income or wages and earning potential
- Loss of enjoyment of life
- Pain and suffering
- Emotional and physical therapy
- Transportation costs
- Disfigurement
- Emotional distress
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We Will Calculate Your Damages for You and Negotiate on Your Behalf
Knowing how much your case is worth is essential before filing a claim. We will look at all of your damages and calculate their value, including those with no dollar figure attached. Insurance companies often try to avoid paying injured victims the total value of their case, so the insurer may pressure you to accept a too-low settlement.
We can take over your case and manage it from start to finish, handling all communications with the insurers and other parties involved. We will keep you informed of all developments in your case as we seek a fair settlement offer for you.
How We Hold Negligent Property Owners Liable for Our Clients’ Injuries
Depending on the circumstances, property owners may be liable for any injuries occurring on their property. In Louisiana, property owners must keep their buildings in repair and exercise a reasonable amount of care in maintaining the property, as per Louisiana Civil Code (CC) §660.
If the property owner could not have reasonably known about a building defect or other hazard, they may not have liability for injury that occurs as a result, according to CC §2317.1. Your lawyer can assist in determining if the property owner breached their responsibility to show reasonable care over their property.
Property owners in Louisiana are also responsible for any damage done to their properties. This means if something on the premises is broken and needs to be repaired, the property owner is responsible for fixing it promptly.
How Do Louisiana Shared Fault Laws Affect Your Premises Liability Settlement?
Louisiana follows a pure comparative negligence system under Louisiana CC Art. 2323. Unlike other states where you may be prohibited from or covering compensation for sharing liability for your injuries, this is not the case in Louisiana. Here, you can share as much as 99% of the fault for the accident and still recover compensation for that one percent of blame that is not yours.
However, sharing fault for your premises liability injuries will have an impact on the amount of your compensation. Your injury settlement will reflect a shared fault deduction that correlates with your percentage of blame. For instance, if you were found to carry 30% of the fault for the accident, you would only be able to collect 70% of your injury settlement.
For this reason, you may want to have a premises liability lawyer in Louisiana advocating for your rights and protecting you from opposing parties taking advantage of you during your time of need.
Recovering Compensation for Your Premises Liability Claim in Louisiana
If you hope to get the most out of your Louisiana premises liability claim, you may need to pursue both insurance and civil claims. No matter what type of property you were injured on, an insurance policy likely covers the property owner.
You will likely file a claim with the liable party’s insurance company to recover certain damages. However, you may need to seek any other damages you cannot recoup through your insurance settlement in a Louisiana premises liability lawsuit.
In a lawsuit, you can seek compensation for every loss you could not recover through the insurance company. You may even receive punitive damages if the actions of the defendant are found to be grossly negligent or reprehensible. Learn more about what your Louisiana premises liability lawsuit is worth when you contact your attorney to discuss your damages in further detail.
Premises Liability Cases Have a One-Year Deadline in Louisiana
Anyone who wishes to file a personal injury claim or lawsuit has a limited time to do so. In Louisiana, a plaintiff is granted a one-year prescriptive period under CC §3492. If you do not immediately recognize your injury, 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 can help guide you through the process of filing a suit. We can file your case with the civil court before the deadline expires.
Can You Afford a Lawyer?
Many people decide not to hire an attorney because they are concerned about the cost. We understand their concern, which is why our attorneys work on contingency. We offer our legal services to clients with no upfront fees or retainers. If we win their case, we take our fee from their settlement award.
If we do not win, you do not owe us anything. This arrangement eases financial concerns and allows anyone to afford legal help. If we take you on as a client, we will go over all payment arrangements before starting your case.
Get Help from a Lafayette Premises Liability Attorney Today
Premises liability cases are usually complicated, which is why you may want to seek the services of a legal professional. We can talk with you about your case and explain how premises liability law in Louisiana applies to your case, as well as answer your questions.
Call Laborde Earles Injury Lawyers at (337) 777-7777 to speak with a member of our team today.
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