Louisiana Premises Liability Claims
Commercial and private property owners in Louisiana are required to ensure that their property is reasonably safe for those who use it. If you were injured while on someone else’s property, including a store, a restaurant, or a private residence, and your injury was the result of the property owner’s negligence, you may be entitled to receive financial compensation. However, not every person injured on someone else’s property has a good case and there can be several hurdles to recovery.
The Baton Rouge injury attorneys at Rusty Messer & Associates understand the complex issues that can arise if you or a member of your family has been injured while on someone else’s property. Premises liability claims in Louisiana can be difficult and there are several things you will have to prove in order win your case.
Requirements for a Premises Liability Case
Property owners and managers have a duty to protect the safety of those who enter or use their property and to provide their property in safe condition. If you have been injured because a property owner did not comply with that duty, you may be entitled to compensation through a premises liability lawsuit. To demonstrate that a property owner is liable for injuries which occurred on their premises, all of the following elements must typically be proved:
- A dangerous condition existed on the premises that presented an unreasonable risk of injury.
- The property owner knew or should have known about this dangerous condition.
- The dangerous condition was not “open and obvious.”
- The injured party was not aware of the dangerous condition.
- The property owner did not take reasonable measures to correct the dangerous condition or reduce the risks of injury.
- The injury occurred as a result of the dangerous condition.
Types of Premises Liability Cases
While there are any number of ways a person can be injured on someone else’s property, and any number of injuries that can occur, most premises liability cases fall into a few broad categories:
- Slip and falls – A property owner’s failure to clean up or prevent slippery floors or other dangerous conditions on a floor can result in serious fall injuries.
- Trip and falls – A property owner’s failure to keep aisles and walkways free from hazards can result in serious fall injuries.
- Falling objects – A person can be injured by merchandise not properly stacked on shelves, parts of buildings that are in disrepair, or objects falling on construction sites.
- Defective designs – It is not uncommon for buildings to have one or more code violations in their construction that cause the property to pose a risk of harm to the public.
- Dangerous playgrounds – Children can be injured from playground equipment that is defective or not properly maintained.
- Attractive nuisances – Owners of swimming pools, ponds, or other areas that children might be drawn to can be found liable if they do not take proper precautions prevent access to those areas.
- Negligent security – certain property owners that know of dangers related to their property might be liable for not providing adequate security or supervision.
- Landlords or apartment complexes – a person putting property up for rent has a duty to make sure the property is good condition and free of defects.
Speak and Experienced Louisiana Premises Liability Attorney
If you or a member of your family has been injured on someone else’s property, you probably have questions about your legal options. If the injury was caused by the negligence of a property owner or manager, you may be entitled to compensation for your damages, including medical expenses, lost wages, and the pain and suffering you and your family have experienced. Premises liability cases in Louisiana can be very difficult and you should speak to an attorney with experience handling slip and fall, trip and fall, and other premises liability claims. At Rusty Messer & Associates we have experience with cases involving premises liability and can advise you of your rights and the types of compensation you might be entitled to. Call us today at (225) 963-9638 for a free consultation about your premises liability case.
CONTACT A PERSONAL INJURY LAWYER TODAY
The law firm of Rusty Messer & Associates handles all types of personal injury claims in Louisiana. We also handle claims and cases related to immigration, felony criminal defense, and family law. Our decades of Louisiana personal injury law experience allows us to successfully represent all of our clients with a personalized hands-on approach.
If you or someone you love has been injured in an accident that was caused by the careless, reckless, or negligent actions of another person or entity, you may be entitled to compensation. Contact an attorney at Rusty Messer & Associates today at (225) 963-9368 to schedule a free consultation.
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