Premises Liability Overview in Louisiana
There are grounds for a premises liability case if someone is injured on another person’s property due to some defect or dangerous condition caused by negligence. Property owners, be it individuals or organizations, are expected to adhere to a certain standard of safety and 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 been injured in a premises liability incident then you should consult a Louisiana premises liability lawyer to look into your situation.
Grounds for a Lawsuit in Louisiana
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 that do not satisfy building code requirements are considered unsafe.
The responsible upkeep of the property is a requirement of the property owner and that includes the maintenance of such things as:
- Walkways – Must be kept free of cracks, bumps, and spills;
- Landscaping – Should include regular maintenance, such as trimming branches, etc.;
- Equipment – All equipment should be kept in fair working order, including amusement rides, benches, and so on; AND
- Buildings – Includes the requirement for safe and clear staircases, entryways and awnings.
There are three broad categories of premises liability accidents—slip and fall, trip and fall, and construction accidents. In some instances, the lessee rather than the owner may be held responsible for the accident. 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.
Things to Remember
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. The next thing you must do is get yourself and your injuries examined by a doctor. Keep the copies of medical tests and any hospitalization information for future reference.
Damages and Compensation
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.
Time and Organization
An experienced lawyer in your state will be aware of these conditions and can help you make an informed and poignant decision. The sooner you contact an attorney, the better your chances of building a strong case is. This is because there is a high chance of evidence being destroyed or lost which increases every minute you delay your decision. Hence, there is an urgent need for evidence to be secured safely. 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 increases the chances your case can be negatively impacted.