Property owners owe a duty of care to others to remove dangerous conditions from their property. This may include wet floors, poorly maintained stairs, or other hidden defects that pose an unreasonable risk of harm. In other cases, a property may include dangerous chemicals or substances that create serious health hazards.
Anyone who owns property in Louisiana is required to keep it reasonably safe from hazardous conditions or defects.
If the property owner doesn’t correct the hazard, they need to at least provide guests with a warning.
Failure to do so can result in being held liable in the event of an accident.
Property owners are responsible for maintaining safe premises.
When they fail to do so, and someone is harmed as a result of their negligence, there may be cause for a premises liability suit.
Although these lawsuits can be difficult—and while each case is unique—a thorough investigation can potentially prove owner negligence and liability resulting in compensation for an injured party.
Injuries that occur on someone’s private property or public property are generally grouped under premises liability.
These cases tend to be complex, which is why it’s important to speak with skilled New Orleans premises liability lawyers who can help.
Common Types of Premises Liability Cases in New Orleans
Numerous situations can give rise to a premises liability claim. Some of the most common cases we handle at Johns Law Firm include:
- Slip and fall accidents;
- Dog bites or other dangerous animals;
- Escalator and elevator accidents;
- Defective sidewalks or parking lots;
- Swimming pool accidents;
- Falling objects;
- Negligent or inadequate security;
- Exposure to toxic substances or chemicals;
- Carnival ride accidents;
- Intentional acts like assault;
- Broken or missing stairs and railings;
- Wet floors or flooding; and
- Building code violations.
Accidents that fall under premises liability can happen anywhere, including hotels, your apartment complex, restaurants or bars, malls, and grocery stores, or even your neighbor’s house.
If you believe you have a case worth pursuing, contact our New Orleans premises liability lawyers right away.
Proving Liability in a Louisiana Premises Liability Case
In the majority of premises liability cases, you can expect the defendants to deny liability.
To be successful in a liability argument, you need to prove these elements:
- There was a hazard or dangerous condition at the property during your visit;
- The property owner or caretaker knew about the dangerous condition or should have known about it;
- The property owner failed to correct the hazardous condition or adequately warn people about it;
- Your injuries were directly caused by the hazardous condition; and
- You suffered damages as a result of being injured.
Proving liability in a premises liability case is not necessarily easy, but it can be done.
Picking the right attorney has a direct link to the outcome of your case.
At Johns Law Firm, we specialize in personal injury matters, including premises liability.
Our attorneys have over six decades of combined experience with personal injury and premises liability law.
We have a proven track record of success, and we know what’s necessary to prepare a strong liability argument.
Who Can be Liable if I’m Injured?
The most common example of a premises liability case is a slip and fall in a public place.
However, all property owners owe a duty to the public at large to maintain their property in a reasonably safe condition.
This duty applies to private individuals, governmental entities, and businesses.
Examples of premise liability cases can include the following:
- Dangerous conditions on property;
- Dangerous animals;
- Toxic substances;
- Improper security;
- Intentional torts (assault and battery).
Common Injuries in a New Orleans Premises Liability Case
Injuries will vary based on the type of accident you were in.
For example, with dog bites, we often see severe lacerations, nerve damage, and permanent scarring.
Other types of cases will involve broken bones, head trauma, spinal injuries, and/or internal injuries.
Slip and fall claims are among the most common types of premises liability claims we litigate.
Unfortunately, they can also be the most traumatic, especially for older people.
According to the Centers for Disease Control, around three million older people are treated every year in emergency rooms around the country for injuries related to a slip and fall.
While some of these injuries happen at home, some of them occur while shopping, getting groceries, grabbing dinner, etc.
Injuries resulting from a slip and fall accident can involve hip fractures, spinal injuries, and even brain injuries. Some injuries may be moderate to severe, while others are catastrophic and leave victims with permanent damage.
It’s not uncommon for premises liability cases to involve future medical expenses and loss of earnings, a permanent disability rating, extensive rehabilitation, and more.
Determining the proper value for your premises liability case should be done by an experienced attorney.
You need someone who can hire the right experts and properly evaluate your case.
How New Orleans Premises Liability Lawyers Can Help
When you retain Johns Law Firm to represent you, we will take over all the stressful legal aspects of your case while you concentrate on your recovery.
Our premises liability attorneys are well-versed in negotiating with insurance companies and are competent in the courtroom if your case goes to trial.
We can also make sure no critical deadlines are missed, like the statute of limitations.
If you were injured in a premises liability accident, let Johns Law Firm help you fight for the compensation you deserve.
Contact us today to schedule a free consultation.