Whether you are shopping at the mall or swimming in the community pool, you may expect the property owner to maintain safe conditions. This might not always be the case. Each year, thousands of people suffer injuries and other damages due to the negligence of property owners.
If you were injured in an accident someone else’s property, a Marksville premises liability lawyer could help you explore your options for seeking compensation. You may be eligible for compensation even if you were partially at fault, so consulting an experienced personal injury attorney could help you clarify your legal standing.
Premises Liability Laws
In the state of Louisiana, premises liability law is based on negligence and equity. A premise owner, which could be a landlord, a store owner, or even a homeowner, may be liable for damages if a plaintiff can bring evidence proving that:
- An unreasonably dangerous condition was present on the property
- The property owner knew or should have been aware of the condition based on actual or constructive knowledge
- Damages to the plaintiff occurred as a result of that condition
Depending on the facts of the case, the second point could be interpreted in several different ways. If someone slipped and fell at a store, the plaintiff may be required to prove that the area was prone to spills or being slick or that there was someone on duty to survey the area but did not take the appropriate steps to clear the hazard. This may help prove actual or constructive knowledge.
Cases involving toxic exposure on a property, for example, may not require the plaintiff to bring as much evidence. In such cases, Louisiana law sees premise owners as strictly liable for injuries of the plaintiff. A Marksville premises liability lawyer could help a plaintiff understand how premises liability laws may affect their case.
For a free legal consultation with a premises liability lawyer serving Marksville, call (318) 777-7777
Compensation for Partial Fault
When pursuing compensation for premises liability in Marksville, potential plaintiffs could discuss comparative negligence laws with a premises liability lawyer in Marksville. According to Louisiana Civil Code Article 2323, plaintiffs could be found partially responsible for their own injuries. Even if they are found to be somewhat liable, they may still recover damages from the defendant.
In these cases, the jury will first decide the amount of damages the plaintiff may be entitled to. If it is found that a plaintiff is partially liable for their own damages, the jury will assign a percentage of fault to both the plaintiff and the defendant. The percentage of fault attributed to the plaintiff will be deducted from their total award amount.
Marksville Premises Liability Lawyer Near Me (318) 777-7777
Avoyelles Parish Premises Liability Lawyer
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. 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.
Pure Comparative Fault in Avoyelles Parish
In personal injury cases, Louisiana courts use the concept of pure comparative fault. Under the pure comparative fault rule, codified under Louisiana Civil Code Article 2323, plaintiffs may recover damages no matter the degree of fault that they contributed to the accident. If they were somewhat responsible for causing their own injuries, the total damages award would be reduced by their percentage of fault.
For example, if a plaintiff was 60 percent at fault for a premises liability accident in Avoyelles Parish, they could still sue the defendant. However, they could only receive 40 percent of the total value of their damages.
Exploring Options With a Marksville Premises Liability Attorney
Injuries that happen due to the negligence of another party deserve compensation, even if you are partially at fault. You may have suffered physically, emotionally, and financially as a result of the accident.
Under the law, you do not have to simply endure or pay for these damages. You may explore your legal options today by contacting a Marksville premises liability lawyer. Attorneys could help you evaluate the types and extent of your damages, negotiate with the defendant and their attorney, and establish evidence of negligence in pursuit of your fair compensation.