Property owners are responsible for keeping their premises safe for guests. This general safe premises mandate can cover everything from removing trip hazards to posting warning signs of on-site dangers. If you had an accident and got hurt on someone else’s property, you may be able to request compensation for your damages in a premises liability claim.
Laborde Earles Injury Lawyers handles premises liability cases in Metairie. A member of our premises liability team can go over your case and legal options with you for free. If we believe you have a viable claim, we may offer to assign a Metairie premises liability lawyer from our firm to your case. Contact us by calling or filling out our contact form found at the bottom of the page.
The Basics of Premises Liability Cases
Two general conditions can establish a premises liability case:
- When the owner of a property knew about an on-site hazard and did not do anything to remove it or warn their guests about it.
- When the owner of a property should have known about a hazard on their property, but did not.
If you can prove the hazard that caused your accident and injuries meets one of these conditions, the property owner may owe you compensation for your accident-related damages. Examples of these types of hazards may include:
- A puddle on the floor of a department store
- Broken tile or floorboards in someone’s private home
- An over-capacity nightclub
- A sporting event with inadequate security
- A swimming pool that does not meet fencing, signage, or other safety regulations
- An electrical shock hazard in a public building
- A bar without properly maintained fire extinguishers
- An aggressive animal that is kept off-leash in the owner’s front yard
No matter what caused your accident, it is worth investigating if you believe you have a viable premises liability case against the responsible party. Keep in mind that safe premises standards apply to private homes as well as public places such as libraries, lots, driveways, and sidewalks.
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You May Have Experienced a Slip and Fall Incident
Generally, this type of incident is due to an unsafe premise. For instance, if a person slips and falls in a parking lot, it may be because it wasn’t cleared of snow or lit properly. Slip and fall incidents can take place in parking lots, garages, grocery stores, theaters, restaurants, and elsewhere. However, they most commonly occur on private property.
Falls can cause serious injuries, like sprains, fractures, punctures, spinal cord injuries, and head injuries. For older people, falls can be especially serious, often resulting in broken hips and permanent disabilities. Even for younger people, falls can lead to medical bills and lost income. These costs and others can be recovered in a premises liability claim or a slip and fall injury claim.
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You Might Have Had a Dog Bite Incident
Sometimes, maintaining a safe premise means keeping dogs off of the property or restraining dogs on the property. In Louisiana, animal owners are required to keep their properties safe for pedestrians and other visitors.
Dog bites can be infectious, causing rabies, tetanus, and other conditions with lengthy recovery times. In some cases, psychological counseling may be necessary too. If you suffered a dog bite and incurred such damages, you can recover them in your premises liability claim or a dog bite claim. Regardless of the type of premises liability accident you suffered, our firm can build a case for you.
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What Laborde Earles Injury Lawyers Can Do for You
Trying to recover compensation in a premises liability case is not always easy. The responsible party may deny your accident occurred or try to say you were at fault for it. This could force you to shift from an insurance claim to a personal injury lawsuit. You may also find that evidence is scarce or that your time to sue is running out after you have recovered enough to take legal action.
Laborde Earles Injury Lawyers can help you with all of these issues when we represent you. While you prioritize your recovery, a Metairie premises liability lawyer from our firm can:
- Investigate your case: This will allow us to identify who is responsible for your accident and build a case against them. We can collect evidence of your accident from many sources, such as security footage from the premises itself.
- Prove your damages: We will also collect evidence of your injuries, the full range of your accident-related damages, and their estimated value.
- File your claim: Once we have assembled all evidence, we will submit your insurance claim and/or personal injury lawsuit.
- Negotiate with the insurance company: We can handle all communications and negotiations with the responsible party or their insurance company for you. You get the final word on whether to accept or reject any settlement offers we receive.
- Go to trial: We can take your case to trial if the responsible party refuses to accept liability.
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You Have Only One Year to File a Lawsuit in Louisiana
Per CC Art. 3492, you may have just one year from the date of your accident to file your personal injury lawsuit. If you let this deadline pass before you take legal action, your right to sue may expire, and you may be left paying for your damages out of pocket.
The stakes of taking legal action on time are high. Laborde Earles Injury Lawyers recommends that you get started on your case as soon as you are able to.
Our Firm Will Take on Any Negligent Property Owner
Whether your injuries occurred on the property of a neighbor, a big business, or another party, we will defend your rights and pursue the compensation you’re due. We’re not intimidated by large entities, like shopping malls, amusement parks, and sports arenas. Such entities may have multiple lawyers ready to defend against premises liability claims, but we take them on.
If your incident occurred on a neighbor’s property, you may be hesitant to file a claim against them and risk causing hard feelings. However, you should still pursue damages. Since your neighbor likely has insurance, you likely won’t cause your neighbor any direct financial hardship. One of our firm’s lawyers can help you file your claim and hold your neighbor accountable in a tactful way.
We’ll Prove the Other Party’s Negligence
Our firm’s lawyers will prove negligence by establishing the conditions of negligence. Your lawyer will attempt to:
- Establish that the other party owed you a duty of care, or a responsibility to avoid acts that could harm you
- Establish that the party failed in their responsibility
- Show how the failure in responsibility caused your injuries
- Show that your injuries resulted in damages, like financial expenses
The state of Louisiana has a comparative negligence law that reduces a claimant’s damages in proportion to their degree of contribution in an incident. For instance, if you are found 10 percent responsible for your incident, you’ll be able to recover 90 percent of your damages. Your lawyer may be able to prove that the other party is 100 percent responsible for your incident so you can recover 100 percent of your damages.
Damages in a Premises Liability Case
In general, compensation for the following types of damages may be available in a personal injury claim:
- Medical expenses: For all current and future medical needs
- Lost wages: If you missed work during your recovery period
- Reduced earning capacity: If you had to switch careers and take a lower-paying job because of your injuries
- Disability: If you sustained injuries that will never heal
- Property damage: If any of your personal property was destroyed or damaged in your accident
- Pain and suffering: If your injuries caused you physical or emotional trauma
You might be pursuing a different set of damages in a wrongful death claim if your family member lost their life in a premises liability accident. Wrongful death damages might include:
- End-of-life medical expenses
- Funeral and burial costs
- The income your loved one is no longer providing you with
- Loss of companionship
Laborde Earles Injury Lawyers understands what types of damages may be available in a premises liability case. Allow us to review all the ways the accident impacted your life.
Call Laborde Earles Injury Lawyers Today
You do not need to navigate your premises liability case alone. A Metairie premises liability lawyer from Laborde Earles Injury Lawyers can go after the party that injured you.
During your initial consultation, we can go over the details of your accident, determine who may be liable, and review your options. This consultation is free.
If we think your case is viable and offer you representation, we will not request upfront or hourly payments. We work for a percentage of any settlement offer or court award we help you win, meaning our fees are contingent on us winning your case. If we cannot help you recover compensation, you will not owe us attorney fees.
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