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. 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 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.
Slip and Fall 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.
Fire Code Errors
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.
What Kind of Injuries Can You Sue for in a Premises Liability Case?
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 by falling debris
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 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 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 for these aforementioned damages.
How a Premises Liability Lawyer Can Help You Strengthen Your Case
A qualified Iberia Parish premises liability attorney may be able to 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 proving negligence that warrants compensation for you.
We will investigate your case to determine who is responsible for your injuries and damages. You can review the evidence you have and collect additional evidence if we need to so that we can 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 and/or of 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 we can seek on your behalf.
Proving Negligence and Recovering Compensation in Lafayette
Proving the negligence of the other party is the most difficult part of a premises liability claim, but we can help you with that critical task. In order to present a strong claim, a Lafayette premises liability attorney with our firm 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 or lawsuit can seek compensation for all the economic (monetary) and non-economic (non-monetary) 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 or lawsuit 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
- Pain and suffering
- Emotional and physical therapy
- Transportation costs; and
- Disfigurement and emotional distress
We will Calculate Your Damages for You and Negotiate on Your Behalf
It is essential to know when going in how much your case is worth. We will look at all of your damages and calculate a value for those with no dollar figure attached. Insurance companies often avoid paying injured victims the total value of their case, and some pressure them to accept settlements that are too low.
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 favorable 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 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 (CC) §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 CC §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.
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 file. In Louisiana, a plaintiff is granted a one-year prescriptive period under CC §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. We can file your case with the civil court on time and 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, then they do not owe us anything. This arrangement eases financial concerns and moves us forward working on cases. If we take you on as a client, we will go over all payment arrangements with you before starting your case.
Talk to Our Lafayette Premises Liability Attorneys Today
Premises liability cases are usually complicated, which makes it important to seek the services of a solid 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 us at (337) 777-7777 to speak with an experienced attorney today.