Louisiana Premises Liability Attorneys
Baton Rouge Law Firm Protecting Your Rights to Safety on Others’ Property
If you are injured on someone else’s property in, it can be easy to brush it off as clumsiness, or it may never even occur to you to pursue a personal injury suit against the property owner. Everyday instances of visiting an office or home are not likely ones where civil litigation are forefront in your mind. However, many injuries occur in innocent visitors of a professional building or residence because of the negligence or irresponsibility of the property’s owner. When this is the case, the owners may be liable for damages.
As owners of any type of facility in Louisiana, whether it is a home or restaurant, it is their responsibility to provide and maintain a safe environment for residents and visitors of the property. This pertains to anything from reasonable cleanliness, to a trip hazard, or even the overall design of the structure. Though these may not be things we actively look out for on a daily basis, there are violations of this responsibility that could lead to your serious injury, and if it does, you will need a knowledgeable and effective legal team to prove fault in the owner.
About Premises Liability Claims in Louisiana
These can be complicated claims, perhaps in part due to their ability to happen every day. Thousands of people frequent certain stores on a daily basis and are not hurt by any aspect of the facility, and some people make frivolous attempts to seek compensation in these claims. All it takes, however, is one incident and the legal competency to prove that the facility was not safe for you in that particular instance.
All three of these conditions need to be met in order to have a legitimate claim:
The defendant is responsible for the property.
It may not exactly be the building owner’s responsibility if a company renting a floor in that building poorly maintained its rented space. At this particular point in time, the company leasing that floor is responsible for its environment.
The plaintiff was on the property legally.
Defendants may try and disprove a claim by suggesting the plaintiff had no business being there in the first place. This would be true if an individual forced his or her way onto the property illegally, but in most cases, where individuals are invited or just shopping around an open store, this condition is met.
The defendant did not maintain a safe property.
Likely the most difficult to prove in any case, it must be shown to a court that the plaintiff’s injury is a direct result of the defendant’s negligence or inability to keep a safe environment for the property’s guests.
You and your legal representation must be able to show that the party responsible failed to maintain an adequate facility, this caused your injury, and that your injury requires financial compensation for damage it causes. The help of an experienced legal team, such as Arnold & Itkin, is necessary for proving without a doubt the validity of these conditions in a formal, courtroom setting.
Louisiana Premises Liability FAQ
If I was the victim of a crime, can the owner of the property where it occurred be held responsible?
Maintaining reasonably safe property grounds includes certain security measures to protect visitors, tenants, and customers. A property owner’s responsibility in this regard will depend on the type of the property (such as a retail store versus a family home) and whether there is a history of criminal activity at that location or type of property.
If you were the victim of a crime at a hotel, amusement park, restaurant, office building, or other location, the property owner may be legally accountable—if they failed to implement proper security measures. This may include security guards, lighting, video surveillance, and other equipment or personnel that would deter criminals.
What is the most common type of premises liability claim in Louisiana?
Cases involving slip, trip, and fall accidents are the most common premises liability cases filed. Victims of slip and fall accidents may have grounds for lawsuits against property owners if they failed to maintain reasonably safe grounds. Poor lighting, missing stairway railings, defective flooring, spills, and other hazards can cause serious slip and fall injuries that forever change a victim’s life. By holding the property owner accountable, a person who has been injured in this way can get the financial compensation needed for medical bills, lost income, ongoing treatment, pain and suffering, and possibly more.
How do I know if I have a premises liability lawsuit?
If you were injured at a bar, restaurant, hotel, or on any other type of property, you may have grounds for a lawsuit against the owner if it was their negligence that caused you harm. An example may be a retail store manager who knows about a spill in an aisle but does not have an employee clean it up or put a “wet floor” sign to warn customers. If you slipped and fell, you may have a case. The burden of proof will be on your shoulders to show that the property owner did not take reasonable measures to maintain safe grounds, so it’s important to involve an attorney who can build a solid case on your behalf.
Professional Legal Support for Your Liability Claim
Without tactical legal counsel, these cases can easily turn into hearsay arguments that will not properly present your case. It is imperative that you consult a legal team with a history of success with personal injury cases and the drive to demand compensation. Arnold & Itkin is just that team, having won over billions of dollars in the last five years of personal injury work.
If you have been injured on a Louisiana premises and believe the owner or party responsible for that property caused your severe harm, call our offices at (888) 493-1629 to schedule a free case evaluation and learn more about the steps we can take toward securing your future.