A Property Owner Owes You a Duty of Care

A property or business owner must keep their premises reasonably safe for people who enter the property. However, the degree of the duty of care they owe visitors depends on the visitor’s status. There are three general classes of visitors to private property.

Licensees

These are people invited to a property for social purposes, such as family members, guests, and friends. The main difference between licensees and invitees is the purpose of their visit.

Invitees

These are people invited to a property for commercial purposes. For instance, a customer at a department store would be considered an invitee to the business. Property and business owners owe invitees the highest degree of care.

They should ensure that the premises are free from hazards and provide warnings for any foreseeable risks. Property owners and leaseholders such as business owners are liable for all hazards, including those they should be aware of.

Trespassers

These are people who enter a property without the owner’s consent. The duty that the property owner owes a trespasser is significantly lesser than that of invitees and trespassers.

However, a premises liability attorney can review your case if you suffered injuries as a trespasser and determine whether an exception applies that would allow you to pursue a claim against the property owner.

Different Types of Premises Liability Cases

There are many circumstances under which you may have a right to file a premises liability case.

  • Slip and fall accidents: These cases are perhaps the most straightforward premise liability claims. If you suffered spinal cord damage after slipping on spilled water in a grocery aisle or falling because of a damaged staircase, our New Iberia spinal cord injury lawyers can help you seek compensation.
  • Inadequate building security: Property owners have a duty to offer security to the visitors of the premises. If someone walks onto the property and assaults you, you might have a premises liability case against the property owner if you can show that they failed to use reasonable care to keep the premises secure.
  • Swimming pool accidents: Swimming pools should be secured with fencing and latched gates to prevent accidents, especially involving children under age 5. If someone leaves their pool unsecured, a drowning victim—or their surviving loved ones if they die—could pursue a premises liability claim.
  • Elevator accidents: If you have suffered an injury due to an elevator malfunction or crash, you could file a premises liability lawsuit against the property owner.

To win in a premises liability case and recover damages in Iberia Parish, you must prove that the owner owed you some duty of care and that they breached this duty. You must also prove that the injuries you suffered were directly related to the property owner or leaseholder’s negligence.

Our experienced personal injury lawyers will help you file a compelling case no matter what your premises liability case may be.

Damages You Can Recover in a Premise Liability Suit

In New Iberia, your product liability lawyer can help recover compensation for these losses:

  • Medical bills: You could recover costs incurred during your treatment, including ambulance charges, emergency room bills, hospitalizations, physical therapy, medications, and any estimated future costs.
  • Lost income: If you missed time from work because of your injuries, you could receive compensation for your lost income, including wages, benefits, and retirement contributions. You might also collect damages for any decrease in future earning capacity resulting from your injuries.
  • Pain and suffering: You may recover compensation for any physical and emotional distress suffered because of the accident.
  • Wrongful death: If your loved one died due to another’s negligence, please accept our condolences. We can help you pursue a wrongful death lawsuit to collect damages for loss of income, costs for funeral services, loss of companionship, pain and suffering, and more.

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How a New Iberia Premises Liability Lawyer Can Help

While some cases seem straightforward, they can quickly become complicated. You might need experts to review the evidence and prove how the incident caused your injuries. The situation could become thornier once the defendant’s insurer gets involved. Insurance companies constantly work to pay out the least amount possible. However, an experienced attorney who understands premises liability law can be of immense help to your case.

Our team of premises liability lawyers will gather all the evidence, handle communications between you and other parties involved, and represent you in court in case of a lawsuit. In addition, we will determine how best to approach your case and vigorously pursue the maximum damages you are entitled to recover, all while keeping tabs on Louisiana’s two-year deadline for filing premises liability lawsuits set by CC 3493.1. Furthermore, you do not have to worry about legal fees. We will pursue your case, and you will only be required to pay if we recover compensation for your claim.

Speak to a New Iberia Premises Liability Lawyer Today

If you or a loved one suffers an injury because of a property owner’s negligence, you could receive compensation for your damages. Contact Laborde Earles Injury Lawyers today to find out whether you qualify for a premises liability lawsuit. Our team will review your case for free.

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