Shreveport Premises Liability Attorney

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. 

Invitees

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.

Licensees

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. 

Trespassers

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.