337-242-7604
Call Us Now
Email Us NowA Compassionate Personal Injury Law Firm Dedicated to Helping Injured Victims Recover Compensation in Complex Premises Liability Cases
When we get injured on someone else’s property, there can be a tendency to brush it aside, want to walk it off, dismiss the severity of the pain, and take some measure of personal responsibility for the unfortunate accident even occurring. It is as if embarrassment wins out over any pain or suffering endured in the accident. When such an accident occurs, the thought of suing the property owners may be the farthest thing from your mind. However, private and public property owners have a certain duty of care to their visitors to ensure they are safe while on their grounds. If a hazardous condition and someone else’s property caused you serious injury, you may have a premises liability claim capable of recovering a fair settlement for your injury and losses.
Premises liability cases can be complicated because of the need to prove negligence on the part of the property owners or management staff. That is why it is highly recommended to retain professional legal counsel when pursuing compensation in a premises liability lawsuit.
Landgrave Garcia Injury Attorneys is a personal injury law firm located in Lafayette, Louisiana. Our highly skilled legal team has years of experience representing clients in several different types of personal injury cases in the Lafayette area, including the complexities of premises liability claims. Landgrave Garcia Injury Attorneys prides itself on providing empathetic and caring legal representation to clients in need of our legal services. While you recover from your injury or grieve the loss of your loved one, we will take up the burden of guiding your personal injury lawsuit through the labyrinthine legal process.
Our personal injury lawyers offer free, no-obligation case evaluations to all prospective new clients. To discuss your premise liability case in more detail and learn your legal options for seeking compensation, please contact our Lafayette, LA, law offices to schedule your free initial consultation today.
How Does Louisiana Law Define Visitors on a Piece of Property?
Louisiana law separates visitors into three different, legally distinct categories.
Invitees have express or implied permission from the property owner to visit and peruse the property to the mutual benefit of both the visitor and the property owner. For example, invitees include shoppers at a retail store.
A licensee is someone who does not have express permission to enter a property but does so under legal pretenses and for legal purposes. Licensees may include those who use a public restroom but do not purchase anything at the store.
The final category is trespassers. A trespasser does not have the implied or expressed consent of the property owners to enter the property, but does so by illegal means for their own personal, often illegal, purposes.
It is important to understand the distinctions between invitees, licensees, and trespassers when discussing premises liability law.
What Should You Do Immediately After an Accident Caused by a Property Owner’s Negligence?
The actions taken and decisions made in the moments directly following a premises liability accident can determine whether your case succeeds or not in many instances. While it may be challenging to remain calm and make informed decisions after a serious injury on someone else’s property, we hope to provide some guidance on how to proceed.
One of the most critical matters following a premises liability incident, such as a swimming pool accident or a slip and fall injury accident, is to seek medical treatment as soon as possible. Even if you believe your injuries to be relatively minor in nature, those hoping to receive monetary compensation for the premises liability accident must nonetheless seek medical attention from professional physicians. Not only may some injuries be worse than they initially appear, but if the person injured in the accident does not seek medical care, the liable party’s insurance company could deny or devalue their claim.
You must report the premises liability accident to the property owner or management staff and request documentation of the official accident report. While you are still at the accident scene, gather all evidence that could be used to strengthen your claim, such as injuries, the hazardous conditions in question, and other environmental conditions.
If there were any witnesses to the premises liability incident, attempt to obtain their names and contact information. Eyewitness testimonies can be valuable to your premises liability attorneys.
Before speaking with insurance companies or the insurance adjusters at the accident scene, you should contact experienced attorneys well-versed in premises liability laws, such as the lawyers of our firm. We are deeply knowledgeable in the legal concepts of premises liability laws and will represent your interests as we attempt to hold property owners accountable for causing the incident.
What is Needed to Prove Negligence in a Premises Liability Claim?
To have a successful premises liability claim, certain factors must be met.
Firstly, the injured party must have been on the property legally. This means that they must have been a licensee or invitee. A trespasser may not have legal standing to file a premises liability lawsuit.
The defendant must have been legally responsible for the property. In some cases, that means that the defendant could be the property owner. However, in cases where the property owner is leasing the property to another company or individual, they may not be directly responsible for that property.
The entity responsible for the property must maintain a safe environment. This step is the most difficult to prove in any premises liability case. The plaintiff and their personal injury attorneys must establish that those responsible for the property did not maintain a safe environment and that the dangerous conditions of the environment were the direct cause of the plaintiff’s injuries.
What is a Property Owner’s Duty of Care for Lawful Visitors in Louisiana?
Louisiana laws require property owners and occupiers of property to take reasonable steps to ensure the safety of their premises for lawful visitors and customers. Depending on who is deemed responsible for a premises liability accident, you may be able to hold various parties liable for damages, including property owners who knew of the hazardous conditions, government entities, and others.
Property owners and managers are required to conduct regular inspections of their properties to identify any potentially hazardous conditions. If any hazards are discovered, property owners and managers must respond promptly to address these dangers. If the hazards can’t be fixed immediately, the property owners must work to warn visitors of the potential dangers, such as posting signage in the area.
Additionally, if the property owner knew of high crime rates or other dangers in the area, they may be held liable for inadequate security measures to keep visitors safe. To prove negligent security in a premises liability case, you are strongly encouraged to seek the legal guidance of experienced lawyers.
What Defenses Do Allegedly Negligent Property Owners Employ When Facing Premises Liability Lawsuits?
Property owners and the insurance companies will employ various defense strategies to challenge the legal status of a premises liability lawsuit.
Potential defenses can include the following:
- Attempting to prove that the injured victim was partially at fault for the premises liability accident under the state’s comparative negligence rules
- Claiming that the injured person was unauthorized or trespassing on the property in question
- Alleging that the dangerous conditions were obvious and out in the open, and that any reasonable visitor should have known to avoid these hazards
With the help of our professional legal counsel, we can counter these defenses and strive to secure a fair settlement for your medical bills, lost wages, and other damages. To learn more about the benefits of retaining our services, please contact us to schedule your free consultation today.
Where Do Premises Liability Accidents Commonly Occur?
A premises liability accident can occur virtually anywhere, be it at the grocery store or a family home. However, certain risk factors may increase the likelihood of a premises liability case happening at certain locations.
Premises liability incidents commonly occur at the following locations:
- Amusement park
- Apartment building
- Cruise ships
- Government agency-owned offices and parks
- Grocery stores or supermarkets like Walmart
- Hotels
- Parking lot
- Public swimming pool
- Shopping mall
- Workplace offices
- And more
Wherever the accident occurred, the business owner, private property owners, manager, or other parties should be held liable for hazardous conditions that caused personal injury. Contact our Lafayette premises liability lawyers to schedule your free case review today.
What Are Different Types of ‘Dangerous Conditions’ Seen in Premises Liability Injury Cases?
The majority of premises liability cases arise from the existence of a dangerous condition that directly leads to personal injury. But what is considered a dangerous condition? Dangerous conditions are any hazards that pose a risk of foreseeable injury to those who occupy the premises. If a reasonable person were to notice a hazardous condition and think that it potentially poses a threat of injury to themselves or anyone else, that hazardous condition could be the basis of a premises liability lawsuit.
Common examples of unsafe conditions include:
- Broken or defective stairs
- Building code violations
- Defective sidewalks
- Dogs off a leash
- Escalator accidents
- Failure to warn about slippery floors, which could lead to a slip-and-fall accident
- Inadequate lighting
- Missing handrails
- Negligent security, which could lead to assaults
- Poorly maintained premises by a store owner
- Toxic fumes
- Uneven floors
- Unsafe swimming pools
- Wet or icy floors
What Types of Injuries Are Commonly Seen in Premises Liability Incidents?
The vast majority of premises liability accident cases revolve around incidents where the plaintiff either tripped or slipped and fell, causing significant injury. However, there are many types of premises liability cases, each with its own types of associated injuries.
Common injuries seen in premises liability cases include:
- Back and neck injuries
- Broken bones
- Burns
- Concussions
- Dental injuries
- Dog bites
- Electrocution
- Facial disfigurement
- Internal bleeding
- Lung damage
- Near drowning
- Nerve damage
- Spinal cord injuries
- Traumatic brain injuries
- Whiplash
- Wrongful death
Can Our Premises Liability Legal Team Help You Obtain Compensation for the Injuries Sustained in Your Accident?
It is highly recommended that those with a premises liability claim seek professional legal counsel. Premises liability cases can be difficult to prove because of the need to establish negligence on the part of the property owner or those responsible for the property. Those who forego professional legal representation frequently recover less in terms of a financial settlement and have a more difficult time with the legal process.
With a well-argued case, you and your premises liability lawyer can pursue financial recovery for your injuries and other losses. This compensation will take the form of economic and non-economic damages.
Economic damages can help compensate you for lost wages, lost income earning capacity, past medical treatment, future medical expenses, physical therapy costs, property damage, and funeral expenses. Non-economic damages can help compensate you for lost quality of life, lost companionship, disability, disfigurement, dismemberment, emotional distress, pain and suffering, and wrongful death.
Schedule a Free Case Evaluation with Experienced Lafayette Premises Liability Lawyers Today
If you or a family member has been the victim of a premises liability accident, you need to know your legal options for recovering compensation and seeking justice. Retain the legal representation of experienced premises liability attorneys to help you with your personal injury claim. Landgrave Garcia Injury Attorneys is a law firm with extensive experience representing clients in the Lafayette area with their personal injury cases. We would be proud to represent your legal rights as you pursue compensation for damage done in a premises liability accident.
To learn more about our legal services, please contact our law firm for a free, no-obligation case evaluation. To contact us, please call our personal injury law firm at 337-242-7604.