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Premises Liability Laws in Louisiana and How They can Affect Your Case

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:

  • An unreasonably dangerous condition was present on the property
  • Damages to the plaintiff occurred as a result of that condition
  • The property owner knew or should have been aware of the condition based on actual or constructive knowledge

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.

How Do You Seek Compensation for Partial Fault?

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 (CC) §2323, plaintiffs could be found partially responsible for their own injuries or damages. 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. Even if you are partially at fault in your premises liability accident, we encourage you to review your legal options. Our lawyer serving Marksville may be able to help you recover some of your losses.

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Do You Really Need to Hire a Premises Liability Lawyer?

Here are some of the things a lawyer from our firm can help you with:

Your Case has a Deadline

If you are considering taking legal action in a premises liability case, you may want to seek legal counsel as soon as you can. Louisiana’s prescriptive period for injury cases is generally two years for most civil actions, as outlined in CC 3493.1. If you are bringing a lawsuit for wrongful death, you also have two years, as explained in CC §2315.2. Your lawyer will need time to build a strong case for compensation on your behalf, and negotiations for a settlement can also take time.

If you miss this important statute of limitations deadline, you risk losing your chance at compensation for your losses. You can ask our lawyer any questions you have about how the laws apply to your case. It is possible that exceptions to the deadline could apply. Your attorney can review those options with you.

Modified Comparative Fault

In personal injury cases, Louisiana courts now use a modified comparative fault system. Under this rule, codified under CC §2323, plaintiffs may recover damages only if they are less than 51% at fault. If they are partially responsible for their own injuries, the total damages award will be reduced by their percentage of fault.

For example, if a plaintiff is found 40% at fault for a premises liability accident in Avoyelles Parish, they may still recover 60% of their total damages. However, if they are 51% or more at fault, they cannot recover any compensation.

Burden of Proof

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:

  • They were exposed to an unreasonably dangerous condition on the property.
  • The defendant (property owner) had prior knowledge of the condition.
  • The defendant failed to remedy the dangerous condition; and
  • The dangerous condition on the property caused the plaintiff’s injuries.

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. This evidence can include photos, video footage, witness testimony, or even a police report about the incident.

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.

Explore Your Options Today with a Marksville Premises Liability Attorney

You may explore your legal options today by contacting a Marksville premises liability lawyer. Our 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.

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Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had our best interest and our well being as a priority. I would recommend them to friends and family. My case had some extenuating circumstances and they both worked diligently to help us. I am very thankful for their service and dedication to us.

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Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve had with her has been positive — she takes the time to explain things clearly and makes the process much less stressful. Laborde Earles Law Firm is lucky to have someone like Jourdan on their team. I would highly recommend both Jourdan and the firm to anyone looking for trustworthy and reliable legal support.

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I just want to say that Kelby is a wonderful Attorney and will do what ever it takes to make sure you are taking care of. And his Team of Paralegal's, Amber, Toni, Debbie, Alana & Erica are absolutely amazing. You couldn't have ask for better. And to Rachael, she was so sweet the other day when I needed some information about when my advance was going to be ready. Thank you Laborde Earle's Law Firm for always being the Best.

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New Orleans

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Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is truly a blessing!

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Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking with Mrs. Marsh today. She was extremely knowledgeable in addition to being patient and empathetic. She was able to provide me with the necessary resources and provided me with encouragement throughout the process. I definitely recommend Laborde Earls! Ask for Courtney!

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Renee McCaslin is incredibly knowledgeable, professional, and always goes above and beyond to make the legal process smooth and stress-free. I truly a...

Renee McCaslin is incredibly knowledgeable, professional, and always goes above and beyond to make the legal process smooth and stress-free. I truly appreciate her attention to detail and genuine care for her clients!

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Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - professional and always on top of everything. They kept me informed throughout the entire process and made sure I understood every step along the way. My case was resolved better than expected. I can’t thank them enough.

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