When you visit another’s home or business, you have a reasonable expectation to be safe from harm. Unfortunately, hidden dangers that lurk on others’ land do not stay hidden forever, and someone can end up hurt. Roughly four billion dollars are awarded each year to plaintiffs injured in premises liability cases.
A committed personal injury attorney could help you receive just compensation and hold the responsible parties accountable for failing to make their property safe. Rather than trying to navigate the legal system alone, consider working with a knowledgeable Avoyelles Parish premises liability lawyer.
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:
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.
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.
Premises liability cases can arise in a variety of situations. The most common are slips, trips, and falls involving dangerous spills or other hazards that property owners fail to remedy. In other cases, victims suffer dog bites or assaults, and negligent property owners failed to provide adequate security. Whatever the cause, an Avoyelles Parish premises liability lawyer may be able to help you recover just compensation.
Depending on the facts, you might be entitled to compensation against a business or homeowner who failed to keep you safe. You do not have to fight for your relief on your own. Call now and schedule a consultation to start exploring your options with an experienced attorney.