When you are injured on someone else’s property whether it’s a public building, a private home, or a business, it can be overwhelming to know your next steps. Remember to stay calm, collect as much evidence as possible, and seek medical attention right away.
To learn about your specific claim, schedule your consultation now with Falcon Law Group so you can better understand your potential claim and legal rights. Se Habla Español!
What Is a Premises Liability Accident?
A premises liability accident occurs when someone is injured on another person’s property due to the negligence or wrongdoing of the property owner or occupier. Louisiana law requires property owners to maintain a safe environment for visitors or to provide warnings about any dangerous conditions. If an individual is injured because of the property owner’s failure to do so, the owner can be held liable for damages.
Premises liability covers a wide range of accidents, including slip-and-falls, dog bites, falling objects, and accidents caused by poorly maintained conditions. The law places the burden on the injured party to prove that the property owner’s negligence directly caused their injuries.
What Are the Most Common Types of Premises Liability Claims?
In Louisiana, the most common premises liability claims include:
- Slip and fall accidents
- Swimming pool accidents
- Dog bites
- Elevator and escalator accidents
- Construction site accidents
- Stair collapse
- Negligent security
- Negligent fire safety
- Accidents caused by poor lighting
- Hotel accidents
- Parking lot accidents
Slip and fall accidents are the most frequent type of premises liability claim in Louisiana. These often happen in restaurants, hotels, grocery stores, and other public places. While these accidents are sometimes joked about, the injuries they cause can be very serious.
What Are the Most Common Injuries in Premises Liability Claims?
The most common injuries from premises liability claims include:
- Traumatic brain injury
- Concussion
- Neck injury
- Back injury, including spinal cord injury
- Simple or complex fractures
- Burn injuries
- Crushing injuries
- Secondary infections
- Wrongful death
- Strains and sprains
Who Can Be Held Liable in a Premises Liability Case?
Liability in a premises liability case may fall on several parties, depending on the circumstances:
- Property Owner: The person or entity that owns the property where the accident occurred.
- Property Manager or Tenant: If the property is managed or leased to someone else, that individual or company may also be responsible.
- Business Operator: For commercial properties, the business that operates on the premises may share liability.
- Maintenance Contractors: If a third party was responsible for maintaining the property and failed to do so properly, they may be held accountable.
- Government Entities: If the accident occurred on public property, such as a sidewalk or park, a government agency may be liable.
Determining who is liable often requires a thorough investigation and strong evidence.
How Is a Premises Liability Claim Proven?
To prove a premises liability claim in Louisiana, you must show:
- Your injuries were caused by the negligence of the property owner or the person responsible for the property.
- The property owner knew or should have known about the hazard and failed to take reasonable action to protect others.
- You have ongoing proof of how your injuries impact your life, such as your ability to work or participate in daily activities, and your medical expenses.
Evidence such as photographs, witness statements, maintenance records, and medical documentation is crucial to support your claim.
How Long Do You Have to File a Premises Liability Claim?
In Louisiana, you have one year from the date of your injury to file a premises liability claim. It’s best to file as soon as possible to ensure evidence is preserved and your rights are protected.
Why You Should Hire a Louisiana Premises Liability Lawyer
Premises liability claims aren’t always easy to prove. There are strict deadlines for dealing with insurance companies and the courts. If the property owner denies fault or claims you had a pre-existing condition, an experienced Louisiana premises liability lawyer can help. The passionate attorneys at Falcon Law Group are here to help you focus on your recovery while we fight for the compensation you deserve. Schedule your consultation now.
Frequently Asked Questions
What should I do immediately after a premises liability accident?
Seek medical attention, collect evidence (photos, witness statements), and contact an attorney as soon as possible.
Who can be held liable for my injuries?
Liability may fall on the property owner, manager, tenant, business operator, maintenance contractor, or even a government entity, depending on the situation.
How long do I have to file a claim?
You have one year from the date of your injury to file a premises liability claim in Louisiana.
Can I still recover damages if I was partly at fault?
Yes, Louisiana uses a comparative fault system. If you are found to be partially at fault, your compensation will be reduced by your percentage of fault. However, if you are found to be 51% or more at fault, you cannot recover damages.
What types of damages can I recover?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other losses.
Our personal injury attorneys proudly serve clients across Louisiana, including New Orleans, Baton Rouge, Lafayette, Lake Charles, Shreveport, and surrounding parishes.
