Marksville Premises Liability Lawyer

Your Case has a Deadline

If you are considering taking legal action in a premises liability case, you may want to seek legal counsel as soon as you can. Louisiana’s prescriptive period for injury cases is generally two years for most civil actions, as outlined in CC 3493.1. If you are bringing a lawsuit for wrongful death, you also have two years, as explained in CC §2315.2. Your lawyer will need time to build a strong case for compensation on your behalf, and negotiations for a settlement can also take time.

If you miss this important statute of limitations deadline, you risk losing your chance at compensation for your losses. You can ask our lawyer any questions you have about how the laws apply to your case. It is possible that exceptions to the deadline could apply. Your attorney can review those options with you.

Modified Comparative Fault

In personal injury cases, Louisiana courts now use a modified comparative fault system. Under this rule, codified under CC §2323, plaintiffs may recover damages only if they are less than 51% at fault. If they are partially responsible for their own injuries, the total damages award will be reduced by their percentage of fault.

For example, if a plaintiff is found 40% at fault for a premises liability accident in Avoyelles Parish, they may still recover 60% of their total damages. However, if they are 51% or more at fault, they cannot recover any compensation.

Burden of Proof

Property owners have a responsibility to keep their homes or businesses safe for visitors. Like other personal injury actions, premises liability cases are often based on the legal concept of negligence. Property owners have a duty of care to maintain the property such that visitors are not exposed to an unreasonable risk of injury or harm.

In order to bring a successful premises liability claim in Avoyelles Parish against a defendant, an injured plaintiff must prove the following conditions:

• They were exposed to an unreasonably dangerous condition on the property.
• The defendant (property owner) had prior knowledge of the condition.
• The defendant failed to remedy the dangerous condition; and
• The dangerous condition on the property caused the plaintiff’s injuries.

In civil cases, such as premises liability, plaintiffs must bring a prima facie case with sufficient evidence to support their position that the dangerous condition on the defendant’s property caused their injuries. This evidence can include photos, video footage, witness testimony, or even a police report about the incident.

Because premises liability is a civil cause of action, plaintiffs are only required to prove their case by the preponderance of the evidence or 51 percent probability that their assertions occurred.