The owners of residential and commercial properties are legally bound to keep their premises safe for guests at all times. Hazards that are brought to the owner’s attention must be addressed right away to the best of their ability. Failure to do so not only constitutes negligence but can also make the property owner financially liable for any injuries or fatalities.
If you or a loved one was injured on another party’s property, whether that property was a residence or commercial enterprise, you should consider your legal options. You may be able to recover the cost of your medical bills, lost income, and pain and suffering. A Ville Platte premises liability lawyer can investigate your case, determine liability, and work to get you the compensation you need to rebuild your life.
To get started with a free consultation, call Laborde Earles Injury Lawyers today at (337) 777-7777.
Obligations to Guests and Dangerous Conditions
There are marked differences in how federal, state, and local laws define the obligations that property owners have to their guests. However, the basic concept is that property owners must keep their facilities, grounds, and other parts of their property safe for authorized visitors. To some extent, they are obligated to even maintain safe premises for trespassers, although liability in these situations can become complicated.
Some hazards that must be swiftly remedied by a property owner include:
- Exposed wires
- Uneven flooring
- Split liquids
- Unmaintained landscaping, which can house snakes and other dangerous animals
- Stairs without handrails
- Inadequate lighting
- Unsupported scaffolding
- Debris in a walkway
According to the Centers for Disease Control and Prevention (CDC), over 800,000 people each year are hospitalized due to injuries sustained in slip and fall accidents. While this is not the only injury that could harm visitors on another party’s property, it caused over $50 billion in medical bills in 2015.
After seeking medical attention for your injuries, calling Laborde Earles Injury Lawyers can help you understand your potential for financial recovery. A Ville Platte premises liability lawyer can determine the cause of your accident and, from there, assign liability. Your legal team will need to prove that because of the liable party’s inability to remedy (or reasonably know about) a hazardous condition, they should be financially responsible for your losses.
Call Laborde Earles Injury Lawyers today at (337) 777-7777.
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Negligence in a Premises Liability Case
Determining fault in your premises liability case will rest on where and how you were injured.
A property owner can be considered negligent if:
- They were aware of a hazard on their property but did not remedy it.
- They were aware of a danger on their premises and tried to remedy it but did so inadequately.
- They were aware of a hazard on their property but did not warn visitors of the potential danger.
- They reasonably should have known that a danger could pose harm to others, but for whatever reason, did not address it.
After determining who is responsible for your losses, your Ville Platte premises liability lawyer will notify the property owner of your situation and intention to take legal action. You may be able to resolve your claim through an insurance settlement, as many properties have liability insurance for situations just like your own.
However, not every case is so simple. The property owner might argue that your own negligence resulted in your injuries and that they are not responsible. Your legal team will then need to collect evidence to support your claim. This could include surveillance footage, photos and videos of the hazardous area, the police report, or eyewitness testimony. Still, if the property owner refuses to compensate you for your losses, you could take your case to court.
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Compensable Damages in a Successful Premises Liability Claim
One of the most important things you should know about your case is that under Louisiana Civil Code §3492, you only have one year from the date of your accident to take your case to court. Failing to take action within this period could jeopardize your right to compensation.
You may be seeking financial recovery for:
- Medical bills. Your lawyer can calculate the cost of your current and anticipated expenses by looking at your medical records and consulting with a doctor.
- Lost wages. You may have been unable to return to work right away following your injury. Your lawyer can look at your pay stubs to determine how much income you lost due to your recovery period.
- Reduced earning capacity. Your injuries may have prevented you from working your current job or continuing in your preferred field of employment. Your lawyer can calculate the cost of what you were making before versus what you can make now.
- Pain and suffering and inconvenience. Your lawyer can help you seek compensation from the physical pain of your injuries and the implications it has on your personal life.
- Disability. This does not mean applying for disability through the Social Security Administration. Rather, it refers to the limitations that a disability could place on your life.
You may be seeking compensation for items that we have not included here.
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Call Laborde Earles Injury Lawyers Today
At Laborde Earles Injury Lawyers, we understand that following a premises liability accident, you are likely experiencing both physical pain and financial burdens. Our goal is to hold the negligent party responsible for your losses and help you receive compensation. When you accept an invitation to another party’s property, whether explicitly or implicitly, they must take measures to promote your safety.
Our legal team works on a contingency fee basis. We only get paid if we are able to get financial recovery on your behalf. If your case is unsuccessful, for whatever reason, then you do not owe us our attorney’s fees. To get started, call Laborde Earles Injury Lawyers today at (337) 777-7777.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
