Personal Injury Lawyer in New Orleans Explains: What Is Premises Liability?

If you’ve been injured on someone else’s property in New Orleans, you may be wondering if you have any legal rights. The answer lies in an area of law known as premises liability, which holds property owners responsible for injuries that occur on their land or in their buildings. Understanding how premises liability works can help you determine if you have a valid claim and whether a personal injury lawyer in New Orleans can assist you in seeking compensation.

At Bey & Associates, we’re here to explain how premises liability law functions in Louisiana and what steps you can take if you’ve been hurt on another person’s property.

What Is Premises Liability?

Premises liability is a legal concept that requires property owners to maintain a safe environment for visitors. If they fail to do so and someone is injured as a result, the owner may be held liable for the injury. The law covers a wide range of accidents, from slip and falls to injuries caused by faulty structures or hazardous conditions.

In New Orleans, premises liability cases can arise in a variety of situations, including:

• Slips and falls in stores, restaurants, or public buildings
• Accidents due to broken stairs or uneven flooring
• Injuries from inadequate security in places like parking lots
• Dog bites or attacks on private property

Property owners are legally obligated to address hazards on their property or, at the very least, warn visitors about potential dangers. However, the level of responsibility a property owner holds depends on the status of the person on their property—whether they’re a guest, a licensee, or a trespasser.

Who Is Liable for an Injury on Someone Else’s Property?

Determining liability in a premises liability case hinges on a few key factors. The injured party must prove that the property owner was negligent, which means showing that:

1. The property owner knew or should have known about the hazardous condition – This could involve something like a wet floor, broken handrails, or faulty electrical wiring.
2. The owner failed to address the danger – If the owner didn’t take reasonable steps to fix or warn others about the hazard, they might be considered negligent.
3. The hazardous condition directly caused the injury – It must be proven that the unsafe environment led to the injury sustained by the victim.

In many cases, property owners will try to deny responsibility by claiming that the injured person was at fault. Louisiana’s comparative negligence laws allow an injured party to recover damages even if they are partially responsible for their own injuries, though any compensation may be reduced in proportion to their degree of fault.

Premises Liability in New Orleans

Louisiana’s premises liability laws are based on the broader framework of negligence law. According to Louisiana Civil Code Article 2317, property owners are liable for damages caused by things under their care, including buildings and other premises. To win a premises liability case in New Orleans, you must prove the owner’s failure to keep the property reasonably safe and demonstrate that this negligence caused your injury.

For example, if you slip and fall in a New Orleans grocery store due to a spill that wasn’t cleaned up in a reasonable amount of time, you may have grounds to file a premises liability claim. If the store had a duty to clean up the spill but failed to do so, they may be responsible for your medical expenses, lost wages, and pain and suffering.

Common Types of Premises Liability Accidents

While slip-and-fall accidents are the most common type of premises liability claim, other incidents can also lead to serious injuries. These include:

• Dog bites: Louisiana has specific laws governing dog bites, holding owners responsible if their dog attacks someone, especially if the owner knew the dog was dangerous.
• Swimming pool accidents: Property owners with pools must ensure they are properly secured and maintained to prevent injuries.
• Fires and building code violations: Landlords or property managers who fail to comply with safety codes may be liable for injuries caused by fire or structural issues.

Why You Need a Personal Injury Lawyer in New Orleans

Premises liability cases can be complex. To successfully pursue a claim, you’ll need to gather evidence that demonstrates the property owner’s negligence, such as photos of the hazardous condition, witness statements, and medical records. Additionally, property owners and their insurance companies often fight these claims aggressively.

This is where a skilled personal injury lawyer in New Orleans can make a significant difference. At Bey & Associates, we have extensive experience handling premises liability cases and helping injured victims pursue fair compensation. We’ll work tirelessly to investigate your case, negotiate with insurance companies, and ensure you receive fair compensation for your injuries.

Take Action Today

If you’ve been injured on someone else’s property in New Orleans, don’t wait to seek legal advice. Louisiana has a one-year statute of limitations for personal injury cases, meaning you only have 12 months from the date of the accident to file a claim. Contact an experienced premises liability lawyer at Bey & Associates today to discuss your options and start building your case.At Bey & Associates, we’re committed to helping injured victims in New Orleans get justice. If you need legal assistance, contact us today for a free consultation.