You may want to consider your legal options if you are injured in a slip and fall accident that happened on somebody else’s commercial or residential property. Seeking legal guidance is particularly important in instances where the accident resulted from the property owner’s negligence.
If you decide to file a lawsuit related to your slip and fall, you should understand the rules and regulations that could affect your claim. A skilled Lafayette slip and fall lawyer can help you grasp the nuances of these laws so you can build a solid claim.
The Prescriptive Period in Slip and Falls
Lawsuits for an injury in Lafayette must be filed within a year from the date of the accident. This also applies to claims for property damage or an injury filed by anyone involved in a slip and fall on a dangerous property. If the slip and fall lawsuit is not filed before the deadline, the court may bar the case even if it is otherwise valid.
Even if the claimant believes the case will reach a settlement, they should allow for enough time to initiate a lawsuit. Consulting a Louisiana slip and fall attorney can prove helpful for anyone faced with the filing deadline.
For a free legal consultation with a slip and fall injury lawyer serving Lafayette, call (337) 777-7777
Comparative Negligence Rule in Lafayette
If the victim was partially negligent and contributed to the accident in any way, the comparative negligence rule of Louisiana will decide the amount of compensation they are eligible to receive. Louisiana Civil Code Article 2323 outlines this rule.
The fundamental portion of this statute states that if an individual sustains injury, loss, or death owing partly to their own negligence and partly due to the fault of another individual or individuals, the total of damages recoverable will be reduced proportionately to the percentage or degree of negligence attributable to the individual who sustained the loss, death, or injury.
When there is a trial in any slip and fall case in Louisiana, according to Article 2323, the court or the jury will first determine the amount of losses sustained by the plaintiff such as lost income and medical expenses. After this, the negligence attributable to each party will be defined as a percentage. Finally, the court will determine the damages to be awarded to the injured plaintiff in keeping with these percentages. Thus, an at-fault plaintiff can still be compensated for their injuries but the compensation they get will be reduced in proportion to their percentage of fault.
Here are a few typical arguments a property owner may use to claim the victim was partially at-fault:
- They were not paying attention while walking
- It should have been evident that the property was in a dangerous condition
- The person was in a section of the property where visitors or customers are not permitted or expected to venture when they were injured
Lafayette Slip and Fall Injury Lawyer Near Me (337) 777-7777
Iberia Parish Slip and Fall Injury Lawyer
Causes of Slip, Trip, and Fall Accidents
A slip and fall could be caused by a myriad of unnoticed or unaddressed issues. Something as simple as a spilled drink without a “wet floor” sign in the vicinity it could cause traumatic injuries. Seemingly minor hazards like bunched carpeting, cracked tiling, or uneven sidewalks could just as easily bring about serious injury.
Without adequate warning or care from property owners and managers, someone could sustain an injury that could have long-lasting results. It is the responsibility of the premise owner to ensure that all their patrons are protected from unreasonable danger by ensuring proper warning is issued. After reviewing the facts of the case, an accomplished attorney could determine if the property owner was negligent.
Determining Liability
In the state of Louisiana, a premises owner is liable for any injuries sustained due to unreasonable danger on their property. For the injured party to successfully bring a claim, they must establish that the premise was unreasonably dangerous, that the owner should have known of the dangerous condition, and that the injuries sustained were a direct result of the fall.
In addition, victims must file a personal injury claim within one year of the accident, according to the Louisiana Civil Code §3492. As a result, it is imperative that any personal injury claim is filed in a timely manner. An Iberia Parish slip and fall lawyer could assist in determining the strength of a potential damages claim and ensuring that all relevant deadlines are met.
Potential Consequences of a Fall
Slips and falls are not just harmless accidents. If someone is elderly, young, or has a preexisting medical condition, a slip and fall could be life-threatening. Even for those in perfect health, the potential injuries sustained in a slip and fall may be catastrophic and have long-lasting consequences.
In addition to the physical damages, psychological damages may also stem from a slip and fall. The psychological and emotional trauma from the loss of enjoyment of life, loss of consortium, pain and suffering, and loss of companionship could deeply change a person’s life.
Of course, financial hardship could take its toll as well. Depending on the extent of an accident victim’s injuries, the costs of present and future medical bills may skyrocket. In addition to this, the injured party may face a loss of potential wages from an inability to work following the fall. A skilled New Iberia slip and fall lawyer could help in determining how much damage has resulted from such an accident and work to ensure they include every injury and loss in an ensuing settlement demand.
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Get in Touch with a Lafayette Slip and Fall Attorney Today
Slip and fall claims can be especially difficult to navigate due to comparative negligence and the relatively short time frame. However, if you were injured in a slip and fall due to a property owner’s negligence, you may have a viable claim for compensation.
It is essential to build a strong case against the property owner if you are seeking compensation for your injuries. Consult an experienced Lafayette slip and fall attorney if you or someone close to you has sustained injuries a slip and fall to learn how you can build the strongest possible claim.
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At Laborde Earles Law Firm, we believe that every child should have a bicycle, which is why we started the Bike It Forward program. We are thrilled to say that this year’s event was a success! Please click to view some of the pictures from the event, and learn about our program.
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