Shreveport Premises Liability Attorney
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The consequences might be life-altering if you suffer a significant injury on someone else’s property. Due to your injuries, you could be unable to work and also incur substantial medical expenses. That might put financial pressure on your family.
Therefore, if you have been hurt on someone else’s property owing to their carelessness, you may be able to file a premises liability claim and seek financial compensation.
Mr Christopher M. Stahl is an experienced premises liability attorney in Louisiana. He can explain your legal choices, defend your rights, and pursue compensation on your behalf, if you have been hurt on someone else’s property.
Common premises liability claims
Premises liability claims in Louisiana cover a wide range of personal injury issues, including:
- Snow and ice accidents
- Negligent security
- Slip and fall
- Trip and fall
- Inadequate maintenance of the premises
- Building code violations
- Defective conditions on the premises
- Inadequate building security leading to injury or assault
- Elevator and escalator accidents
- Dog bites and animal assault
- Swimming pool accidents
- Amusement park accidents
- Water leaks or flooding, and
- Toxic fumes or chemicals.
Who can be sued for premises liability?
In a premises liability claim, you have the right to sue anyone who was negligent in causing the condition that caused your injuries. This person could be the property’s owner, the tenant, or the legitimate occupant. After you establish that the property owner’s carelessness caused your injuries, you can file a lawsuit against that person.
When guests are present on a property, the owner has a “duty of care” to ensure their safety. In other words, the property owner must take reasonable measures to eliminate any danger on their premises or post warning signs.
Things can get complicated quickly when you’re the victim of negligence on someone else’s property. You and your legal counsel must investigate the case’s circumstances to determine who is at fault.
However, having a reliable premises liability attorney in Louisiana on your side can make the entire process much less stressful as you pursue compensation for your injuries and related costs.
What injured party must prove to win a premises liability case
To win a premises liability lawsuit, an injured party has the burden of proving that the property owner was aware of, or should have been aware of, the unsafe condition of the premises but did nothing to correct it.
However, a primary concern is whether or not the injured party has any legal right to be on the premises. Under Louisiana statute, there are three types of visitors.
The property owner owes a significant duty of care to these persons because they are guests on the premises. This includes those with direct invitations, such as Friends, family, and neighbors. Those with implied invitations, such as customers at a store, also belong to this group.
A licensee has the right to be on the premises whether or not they have received an invitation to do so. The typical licensee may be a mail courier or salesperson. The property owner must at least warn this group of visitors of any hazard on the premises.
A trespasser enters a property without any legitimate reason to do so (e.g., a burglar). No responsibility of care is due to a trespasser under normal circumstances. But there are situations where liability could apply if minor trespassers are involved.
Usually, all of the following components must be proven to hold a property owner accountable for injuries sustained on their premises:
There was a hazardous situation on the property that increased the chance of injury.
- The property owner was aware of or ought to have been aware of this hazardous situation.
- The potentially hazardous situation was not “open and obvious.”
- The injured party was unaware of the hazardous situation.
- The property owner failed to take the necessary precautions to remedy the hazardous situation or lower the risk of injury.
- The unsafe situation led to the injuries.
To succeed in a premises liability case, your evidence must withstand close scrutiny by a judge or jury. Consulting with a seasoned attorney who can investigate the incident is your best bet for securing such proof. An expert premises liability attorney in Louisiana can help you collect and maintain evidence in a way that guarantees its admissibility in court.
What is an example of a premises liability case?
Slip-and-fall accidents are a prevalent type of premises liability claim in Louisiana. If you get hurt from a slip and fall on someone else’s property, and they knew or should have known about the dangerous situation but did nothing to correct it, they could be held accountable for your damages.
Consider the scenario where a grocery store beverage falls off a shelf and spills onto the aisle below. Within a reasonable time, the store owner is expected to either wipe up the spill or block off the aisle to prevent customers from slipping and falling. In the interim, the owner may be obligated to inform customers that the ground is slippery. He may face a premises liability lawsuit if a customer slips and falls due to the unsafe condition of the premises.
Premises Liability FAQs
What is the time limit for filing a premises liability lawsuit in Louisiana?
If an accident occurs on someone else’s property in Louisiana, the injured party has one year from the date of the incident to file a lawsuit against the property owner. The time limit for filing a personal injury claim begins on the day of the injury. However, legal action for wrongful death must be filed within one year after the victim’s death rather than the date of the injury.
What types of losses can I seek compensation for if I file a premises liability claim in Louisiana?
You may be entitled to compensation for both the direct and indirect costs associated with the accident. Damages that may be claimed are:
- Medical expenses
- Lost income and lower future earning potential
- Suffering and pain
- Mental distress
- Compensation for wrongful death to family members
A premises liability attorney in Louisiana can help you…
Contact The Law Offices of Christopher M. Stahl for assistance if you were hurt while on someone else’s property and you think the property owner was at fault. He is an expert premises liability attorney in Louisiana. He has extensive knowledge of Louisiana statutes governing premises liability, the evidence required to prove such liability, and how to pursue compensation on your behalf.
Contact The Law Offices of Christopher M. Stahl
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