Baton Rouge Slip and Fall Lawyer
Although a slip and fall accident may seem minor, some of these accidents can result in very severe injuries, including broken bones, traumatic brain injuries, and spinal cord injuries. Whether injuries arise from a customer slipping on a spill in the grocery store or a party guest slipping on a muddy patch in the yard of a private homeowner, premises liability law may hold the property owners liable for the costs of those injuries in some situations.
If you are injured in a slip and fall accident that takes place on the property of another, getting advice from a Baton Rouge slip and fall lawyer may useful to you. Medical expenses from severe injuries can build up quickly and you may be unable to work for some time, which can result in financial difficulties. In this situation, an experienced personal injury attorney may be able to help.
Duty of Landowners to Keep Property Safe
Louisiana law requires property owners to keep their property safe for individuals lawfully entering the property. This includes private property owners who invite guests to their homes, as well as a commercial property containing stores and other businesses that are open to the general public.
In order for property owners to be liable for injuries that occur on their property due to slip and fall accidents or other types of incidents, there must be evidence that they knew, or reasonably should have known of the hazardous or dangerous condition.
Additionally, the injured party must prove that the landowners failed to either warn others about the hazard or remedy the situation in a timely manner. The injury victims should have also had no reason to expect the hazardous condition on the property. Furthermore, property owners will not be liable in a situation in which individuals do not have the legal authority to be present on their property when the slip and fall accident occurs. An experienced Baton Rouge slip and fall attorney could help those who were injured as a result of encountering a dangerous condition on another’s property.
Business Owner Liability for Slip and Fall Accidents
According to La. Rev. Stat. § 9:2800.6, business owners or merchants may be liable for injuries sustained during slip and fall accidents on their premises in certain situations. This section applies to all individuals whose business is to sell goods at a fixed location. However, this section requires claimants to establish the following elements in order for merchants to be liable:
- A condition existed on the property that was a reasonably foreseeable and an unreasonable risk of harm
- The merchant created or had notice of the condition prior to the accident occurring
- The merchant did not exercise reasonable care in dealing with the condition
Failing to implement safety or cleanup procedures for hazardous property conditions is not sufficient evidence to prove that a merchant failed to exercise reasonable care. It is also insufficient to claim that the merchants had notice of the condition simply because they were present at or near the condition. A skilled lawyer understands how to establish liability in these types of cases.
Statute of Limitations in Baton Rouge
La. Civ. Code § 3492 sets forth the statute of limitations for filing injury claims in the state of Louisiana. This section requires that injury victims file actions resulting from slip and fall accidents within one year from the date of the accident.
Anyone who fails to abide by this legal deadline may lose their opportunity to bring any claims for compensation stemming from injuries sustained in the accident. A Baton Rouge slip and fall attorney could help claimants file their claims in a timely manner.
How a Baton Rouge Slip and Fall Attorney Could Help
When you are recovering from serious injuries, your focus is likely on your health rather than on lawsuits or insurance claims. However, contacting a Baton Rouge slip and fall lawyer may be beneficial to determine whether you have a valid legal claim for damages.
The law permits injury victims to hold property owners liable for their negligent actions regarding the conditions of their property in the appropriate circumstances. Getting timely legal advice in this type of situation may be essential to your ability to bring any claim that you might have.