Whether you are shopping at the mall or swimming in the community pool, you may expect the property owner to maintain safe conditions. This might not always be the case. Each year, thousands of people suffer injuries and other damages due to the negligence of property owners.
If you were injured in an accident someone else’s property, a Marksville premises liability lawyer could help you explore your options for seeking compensation. You may be eligible for compensation even if you were partially at fault, so consulting an experienced personal injury attorney could help you clarify your legal standing.
In the state of Louisiana, premises liability law is based on negligence and equity. A premise owner, which could be a landlord, a store owner, or even a homeowner, may be liable for damages if a plaintiff can bring evidence proving that:
Depending on the facts of the case, the second point could be interpreted in several different ways. If someone slipped and fell at a store, the plaintiff may be required to prove that the area was prone to spills or being slick or that there was someone on duty to survey the area but did not take the appropriate steps to clear the hazard. This may help prove actual or constructive knowledge.
Cases involving toxic exposure on a property, for example, may not require the plaintiff to bring as much evidence. In such cases, Louisiana law sees premise owners as strictly liable for injuries of the plaintiff. A Marksville premises liability lawyer could help a plaintiff understand how premises liability laws may affect their case.
When pursuing compensation for premises liability in Marksville, potential plaintiffs could discuss comparative negligence laws with a premises liability lawyer in Marksville. According to Louisiana Civil Code Article 2323, plaintiffs could be found partially responsible for their own injuries. Even if they are found to be somewhat liable, they may still recover damages from the defendant.
In these cases, the jury will first decide the amount of damages the plaintiff may be entitled to. If it is found that a plaintiff is partially liable for their own damages, the jury will assign a percentage of fault to both the plaintiff and the defendant. The percentage of fault attributed to the plaintiff will be deducted from their total award amount.
Injuries that happen due to the negligence of another party deserve compensation, even if you are partially at fault. You may have suffered physically, emotionally, and financially as a result of the accident.
Under the law, you do not have to simply endure or pay for these damages. You may explore your legal options today by contacting a Marksville premises liability lawyer. Attorneys could help you evaluate the types and extent of your damages, negotiate with the defendant and their attorney, and establish evidence of negligence in pursuit of your fair compensation.