The statute of limitations for a premises liability case in Louisiana generally gives victims up to one year to take legal action after an accident. This deadline only applies to filing the paperwork that begins a civil lawsuit in the appropriate court. The statutes applicable to this rule include:
Taking Action in a Louisiana Premises Liability Case
In Louisiana, you may be able to hold a landowner liable for injuries you suffered on their property. The state’s premises liability statute, CC Art. 2322, allows you to pursue damages if the property owner or occupier acted negligently, which caused your injuries. In most cases, the landowner’s negligence occurs because they failed to take action in response to an unreasonable hazard.
For example, imagine the carpet tears in a restaurant lobby, but the owner does not take any action to tape down the tear, put a rug over the area, or replace the carpet to prevent an accident. This creates a trip hazard. If someone falls and suffers injuries, the owner will likely be responsible under the premises liability laws.
In addition to fall hazards, there could be other dangers involved that lead to different types of accidents, such as:
- Swimming pool injuries
- Dog bites
- Deck or ceiling collapse
- Elevator accidents
- Building code violations and fire injuries
- Negligent security
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Understanding How Statutes of Limitations Work
The statutes of limitations for premises liability cases in Louisiana apply only to beginning the process of taking a case to court. They do not set deadlines for filing an insurance claim or going to trial.
Many of these cases settle without ever requiring a lawsuit. Our team can often build a case for negligence and file an insurance claim based on the landowner’s negligence. This leads to negotiations with the insurer, in which we work to reach an agreement that compensates our client justly.
These settlements generally occur before the statute of limitations arrives. If not, our firm may need to file paperwork to begin the process of going to trial. This preserves the victim’s right to sue, which they would lose if the deadline passed. Filing a civil suit does not mean the case will go to trial, but it begins the process if going to court is necessary.
Exceptions to the Statute of Limitations
It is also vital to know that there are some exceptions to the statute of limitations. These may extend how long you have to file a lawsuit, but they could also reduce it. A lawyer from our firm can evaluate your case to determine which laws apply and confirm your filing deadline.
Proving a Premises Liability Injury Lawsuit
A successful insurance claim or personal injury lawsuit depends on your ability to prove liability. Proving negligence and liability in a Louisiana premises liability case requires showing:
- There was an unreasonable hazard.
- The landowner knew or should have known about the danger but did not address it.
- The hazard caused your injury.
- You were hurt and suffered financial harm.
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What Types of Evidence Are Required?
The evidence in a premises liability case will depend on how the injuries occurred. This evidence could include:
- Official reports from first responders
- Videos of the incident
- Medical records and related documents
- Pictures of the hazard or other documentation
- Eyewitness testimony
- Expert testimony
- Proof of expenses and losses
If you believe you may have a premises liability case in Louisiana, a personal injury attorney from our firm could take your case for free. If you decide to take action against the property owner, we can handle the investigation into the incident and gather the evidence necessary on your behalf.
Speak With Our Team Today About Your Legal Options
If you suffered an injury on someone else’s property, you may be able to take action to hold the landowner responsible. This includes injuries sustained at a business, an individual’s private residence, or a municipal property. We also represent victims whose loved ones passed away in this type of accident.
You can learn more about your options in a Louisiana premises liability case by speaking with Laborde Earles Injury Lawyers today for free. We provide complimentary consultations and can help you understand your options and timeline for filing a lawsuit. Call (337) 777-7777 now to discuss your case with our team.