There are grounds for a premises liability case if defect or dangerous conditions on another person’s property leads to injury. Property owners, be it individuals or organizations, are to adhere to a certain standard of safety. Failure to do so can lead to lawsuits in the event of any accidents. Keeping the area free of slippery substances, harmful objects and situations like exposure to chemicals, possibility of construction mishaps is part of this expectation.
If you or a dear one have suffered injuries in a premises liability incident then you should consult a Louisiana personal injury lawyer to look into your situation.
There are certain conditions under which premises liability lawsuits can be filed. In order to be eligible to file such a case, you must be an invitee to the premises. If you are a trespasser and you get into an accident, then you are ineligible to pursue a case (states like California could have different rules in regards to this aspect though). Also at fault are property owners who do not ensure that their buildings meet the specified codes. Properties are unsafe if they do not satisfy building code requirements.
The responsible upkeep of the property is a requirement of the property owner and that includes the maintenance of such things as:
There are three broad categories of premises liability accidents—slip and fall, trip and fall, and construction accidents. In some instances, responsibility may fall on the lessee rather than the owner. This happens when the agreement between the owner and lessee indicates that the onus of responsibility lies with the latter. A good attorney can help review the case and guide you on who the defendant will be.
If you have been hurt on someone else’s property, there are a few things to keep in mind if you think you might consider a premises liability lawsuit. You must document the name and address of the person who owns the property and obtain their insurance details. Then you must call the police and file a report and see if you can take some pictures of the scene at that moment. Next, a doctor must examine your injuries. Keep the copies of medical tests and any hospitalization information for future reference.
Your medical expenses, loss of income brought about as a result of your injury, as well as non-economic damages like pain and suffering will have to figure in your premises liability compensation claim. It is understandable that you may need time to recover from injuries or mental trauma before you seek legal guidance. But remember that there is a statue of limitations deciding how much time you have to file to initiate legal action.
The sooner you contact an attorney, the better your chances of building a strong case is. Every minute you wait, the destruction of evidence becomes more and more likely. Hence, you should safely secure evidence as soon as possible. Set up and label your own file with the accumulated information – staying organized is pivotal. Just remember, the longer you wait to contact a committed and knowledgeable attorney negatively impacts your case.
Price McNamara handles premise liability cases across New Orleans, Kenner, Lafayette, Mandeville, Lafourche, Terrebone, Jefferson, Orleans, East Baton Rouge, West Baton Rouge, Ascension, and St. John Parishes. If you think that you have a basis for a personal injury claim, or have been hurt or injured due to someone’s negligence or fault, call Louisiana brain injury lawyer Price McNamara at his Baton Rouge office (225-570-4718) or his Metairie office (504-667-6949) to have your queries answered or to schedule a free consultation. His extensive trial experience of over 20 years, proven track record and limited caseload philosophy ensure that you will obtain excellent personal attention and a patient hearing on a consistent basis.
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