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 premises liability attorney from our law office could make it easier to identify evidence and prove your case. As a result, you may be able to reach an out-of-court settlement without taking the case to trial, or you could 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. In addition, property occupiers, such as businesses that lease a building, may also be liable.
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 premises liability attorneys could help you recover compensation through their homeowners’ or another liability insurance policy.
In many cases, a lawyer from our firm who handles premises liability cases can negotiate for a fair and just settlement with the insurer. Only occasionally do these cases go to trial in Louisiana.
For a free legal consultation, call (337) 777-7777
How do Accidents on Private Property Occur?
Property owners are responsible for keeping their property in decent enough condition that employees and invited visitors can move about without fear of injury. This could include:
- Cleaning up spills in a timely manner
- Repairing broken sidewalks, stairs, railings, and other places frequented by visitors or employees
- Ensuring that all common walkways are kept clear of obstacles or debris
- Cutting the grass and trimming trees or hedges
- Posting signs that warn of potential dangers
If the property owner hired someone else to take care of these tasks, that person might also be responsible for injuries resulting from their negligence.
Determining Eligibility to File a Premises Liability Case 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. Private property owners generally 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 accident, 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. A premises liability lawyer from our firm can review your case and offer advice based on the specific details of what happened during a complimentary consultation.
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 from 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 break your arm, your damages could include:
- Emergency department treatment, 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, we will help you identify and document your recoverable damages. You may be surprised about how much your case is worth. Unfortunately, many victims do not estimate the value of their case correctly.
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What If My Relative Passed Away After an Injury?
What happens if you want to seek compensation on behalf of a loved one who did not survive their injuries long enough to file a premises liability lawsuit on their own behalf? Survivors have the option of filing a wrongful death case against the property owner. This way, you can still get the money your loved one would have recovered and hold the liable party accountable.
In wrongful death cases, you can seek many of the same damages as personal injury plaintiffs, such as medical bills and pain and suffering. In addition, you may be able to ask for:
- Loss of society or companionship
- Loss of financial support (if you were financially dependent on the deceased)
- Funeral and burial costs
- Other end-of-life expenses
- Grief and bereavement
Building a Case for Premises Liability Compensation in Louisiana
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 contact our law firm about your case, we can discuss your:
- Legal rights
- Legal options
- Possible recoverable damages
One of our premise liability 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.
Premises Liability Cases are Complex
Although you have the right to sue after an accident on someone else’s property, doing so frequently involves a greater commitment than the average person can be reasonably expected to make. You might have to:
- Collect evidence to prove your case, including your medical records or testimony from witnesses or experts
- Calculate how much your injuries are worth, including converting physical and psychological damage into monetary terms
- Speak with the insurance company’s representatives multiple times to reach a settlement that covers your injuries and losses
Depending on whether the liable party’s insurance company cooperates or not, you might have to go beyond negotiations and schedule a courtroom trial. If this happens, you would have to:
- Understand and follow courtroom rules and procedures
- Submit evidence to the court
- Help witnesses prepare their testimony and question them on the stand
- Present your case before a jury that you help to select
A Premise Liability Attorney Can Help
Instead of trying to manage both a case and your injuries, you can hire an attorney to handle all legal tasks on your behalf. With professional legal representation, you would always have someone to rely on:
- Update you on your case’s progress at every step of the way
- Give you the information you need to make critical legal decisions
- Support you and express compassion during this difficult time
- Ask for advice and answers to whatever questions that come to mind
You would not have to pay any attorney’s fees for these services unless and until you receive compensation. This way, your lawyer’s success is tied to your own.
Discuss Your Claim with a Premises Liability Attorney to Learn More Today
At Laborde Earles Injury Lawyers, we 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 law firm provides complimentary consultations to injury victims. We also represent victims based on a contingency fee.
Call (337) 777-7777 to talk with us about your injuries and legal options for seeking compensation.