You can sue someone if you hurt yourself on their private property in Louisiana, at least in certain circumstances. Per CC Art. 2322, you can hold the property owner accountable if their negligence caused your injuries or failed to prevent them. There are many ways this could occur, depending on the facts of the case.
Premises liability cases can be challenging to prove. A personal injury attorney from our team could make it easier to identify evidence and prove your case. You may be able to reach an out-of-court settlement without taking the case to trial or ask a judge and jury for an award based on your damages.
How do Premises Liability Claims Work in Louisiana?
Per Louisiana’s premises liability law, property owners are responsible for injuries that occur on their land if they fail to maintain a reasonably safe property. Property occupiers, such as businesses who lease a building, may be liable, too.
Proving these cases may require you to show that:
- There was an unreasonable hazard on the property.
- The landowner knew about the hazard or could have predicted or known about the risk.
- The hazard caused your injury.
- You suffered financial harm due to your injuries.
Even if the case has the evidence to prove the landowner is responsible, you may not need to move straight to filing a lawsuit against them. Instead, our firm could help you recover compensation through their homeowners’ insurance policy or another liability insurance policy first.
An attorney from our firm who handles premises liability cases can negotiate for a fair and just settlement with the insurer in many cases. Only occasionally do these cases go to trial in Louisiana.
When You Can File a Claim Based on Your Injuries
There are many types of premises liability cases, and it can be somewhat complex to navigate the laws that apply to them. For example, specific standards apply when the injuries occur on private property that is not a merchant or other business. These differ from the standards in a case involving a business owner or government agency.
Some ways premises liability injuries may occur include:
- Falls caused by a slip on slick flooring, leaks, spills, or other hazards
- Falls caused by tripping over a hazard
- Falls from a height, such as stairs or a deck
- Pool accidents and drownings
- Dog bites and attacks
There are also some cases when a landowner or lessee may not be legally responsible for the accident and your injuries. This could include:
If You were on the Property Illegally
There may also be special rules if you were trespassing when your injuries occurred. In general, private property owners do not owe a duty of care to adults who purposely come onto their property without permission. You might not be able to hold the landowner responsible for your injuries if you were knowingly on their property illegally.
If the Hazard was not Foreseeable
Premises liability law requires the property owner to know about a hazard or be in a position where they should have known about it. Because of this, the law does not generally cover unforeseeable freak accidents. If the property owner could not reasonably predict and take steps to prevent your injuries, they are unlikely to be legally responsible for what happened.
You do not have to determine if you have a viable premises liability case on your own. An attorney from our firm can review your case and offer advice based on the specific details of what happened. Our personal injury team provides free consultations.
Financial Recovery is Available in Premises Liability Claims
If you have a viable premises liability claim, you may be able to recover damages from the landowner’s insurance provider. This could include expenses, losses, and intangible damages you suffered because of your accident and injury.
For example, consider a fall injury case. If you tripped on a cord across the walkway in someone’s home, causing you to fall and you break your arm, your damages could include:
- Emergency department assessment, surgery, prescription medications, and follow-up visits
- Physical therapy
- Lost wages because of the time you could not work
- Pain and suffering damages
For more serious injuries that require ongoing treatment and care, you may also seek:
- Future medical and care costs
- Diminished ability to earn
- Other relevant expenses and losses
As a part of building a case on your behalf, our team will help you identify and document your recoverable damages. You may be surprised about how much your case is worth. Many victims do not estimate the value of their case correctly.
Building a Case for Louisiana Premises Liability Compensation
You can sue someone if you hurt yourself on their private property in Louisiana, but filing an insurance claim may be faster and cheaper. When you reach out to our personal injury firm about your case, we can discuss your:
- Legal rights
- Legal options
- Possible recoverable damages
One of our lawyers may be able to help you build a case and take action to recover the money damages you need for your care and other losses. However, under CC Art. 3492, you only have one year from the date of your injury to file a premises liability lawsuit in Louisiana. As such, it’s important to get to work on the case well in advance of this deadline.
Speak to a Team Member from Laborde Earles Injury Lawyers
At Laborde Earles Injury Lawyers, our team will review your case with you for free. We can evaluate the facts of your injury accident to determine how the state’s premises liability laws apply and how we can help. Our team provides complimentary consultations to injury victims. We also represent victims based on a contingency fee.
Call (337) 777-7777 now to talk with us about your injuries and legal options for seeking compensation.