Baton Rouge Premises Liability Lawyer

Baton Rouge, LA Premises Liability Attorney

Property owners in Louisiana are required to ensure their property is reasonably safe for guests and customers. If a person suffers an injury due to a dangerous condition on the premises, then the property owner can be held liable for the accident. This type of personal injury case is known as premises liability and can be handled by a Baton Rouge premises liability lawyer.

If you or a loved one has been injured on someone else’s property in Baton Rouge because of a hazardous condition, look no further than the Louisiana premises liability attorneys at Day Law Group to hold the property owner responsible for your injuries and help you obtain your entitled compensation. We have recovered millions of dollars on behalf of our clients by providing them with compassionate and personalized legal representation.

Our firm handles the following types of premises liability cases:

• Slip and fall accidents – When a property owner fails to clean up or warn customers about a slippery floor or other similar conditions and a person suffers an injury, our legal team can hold the owner liable for the slip and fall.
• Defective conditions on the premises – If a property poses a risk of harm to the public due to one or more code violations and an injury is caused by a defective condition, we can determine the parties involved in the construction of the building.
• Lack of maintenance – Buildings need to be properly maintained to ensure tenants, visitors, or customers are safe. If an appliance or equipment malfunctions and a person sustains an injury, the building manager or landlord can be held liable.
• Dog bites – If a dog bites someone for no reason, the dog owner may be liable for the person’s injuries.
• Negligent security – If a property owner fails to take the necessary security measures, especially in a location that is known for crime-related activities, the owner could be held liable for negligent security.
• Falling objects – From objects falling on a construction site to falling merchandise that was not properly stacked, falling objects can cause catastrophic and fatal injuries.
• Fires – When a property owner fails to adhere to the local fire code or fails to take reasonable precautions to prevent fires, and then someone is injured in a fire, they may be held liable.

Why Do I Need an Attorney?

An attorney is an essential part of any premises liability case. They can understand the details of your specific situation and educate you on the next steps you should take. They can also help you gather evidence by evaluating things like surveillance footage, photos and videos from the incident, medical reports, and even eyewitness testimony, if applicable. The more evidence that an attorney can help gather and analyze, the stronger your case might be.

Another common issue individuals struggle with when filing premises liability cases on their own is determining the amount of damages their case might be worth. The exact amount of damages can vary, but many times, individuals underestimate the value of their case. Things like medical expenses, income lost due to being unable to work, and intangible expenses can all play a role in the amount of damages a person may be entitled to.

Another important thing an attorney can help you with is negotiating with insurance companies. Insurers often attempt to limit how much a person can receive for their injuries by offering low initial settlement amounts. While the amounts might seem enticing in the beginning, they are probably not enough to cover medical expenses associated with serious injuries or other aspects of your case. Reviewing offers with an attorney can help ensure you receive a fair amount.

LOUISIANA PREMISES LIABILITY LAWS

Under Louisiana law, a property owner is liable for any injury and damages arising from an unreasonably dangerous condition on the property. Premises liability cases are complex because the injured party must prove many elements, depending on where the accident occurred.

Different legal standards that apply to various types of property owners, such as merchants, non-merchant privately owned property, and publicly owned property. Therefore, what must you prove in your case depends on who owns the property.

For example, according to the Merchant Liability Statute, a “merchant” is essentially a business that sells goods, merchandise, food, and services at a fixed location. Common types of merchants include retail stores, restaurants, and auto shops.

To succeed in a premises liability case against a merchant, the plaintiff (i.e., the injured party) must prove the following elements:

• A condition existed on the property that created an unreasonable and foreseeable risk of injury to the plaintiff;
• The merchant either created the condition or had actual or constructive notice of it;
• The merchant failed to exercise reasonable care; and
• The plaintiff suffered injury because of it.

Due to the complexities of premises liability cases in Louisiana, you must hire an experienced personal injury attorney to protect your rights and best interests from start to finish. Our legal team can thoroughly investigate the accident, collect and assess evidence, negotiate with insurers and other parties, and maximize the financial compensation you deserve.

What Might I Be Entitled to?

In a premises liability case, you could be entitled to damages. These are monetary rewards that a plaintiff can ask for to compensate for the injury and other negative effects that resulted from it. Most people only think of damages in regard to compensation for injuries, but a plaintiff might be entitled to more. The only exception to this rule is if the injury was sustained on government property. Then, that person is only able to receive a certain amount in damages due to a cap.

In certain cases, comparative negligence can apply. This is when the property owner argues that you were partially at fault for your injuries. There are many instances where this could apply, including if you entered a building or part of a building that is typically closed off from the general public. It’s also possible that there were signs to notify you of issues that you did not see due to a distraction like a cell phone.

What to Do After a Premises Liability Injury

As soon as the injury happens and it is safe to do so, document as much as possible. This includes photos of your injuries as well as the building and hazard(s) that caused your injury, especially if they were not properly documented with a sign or other warning.

If you are injured due to a hazard on someone’s property, it is important to document your injuries with photos and medical reports. Even if an injury does not seem bad at first, it could worsen over time. Official statements from a doctor or hospital can help prove your injuries in court. If the injuries are bad enough to require future treatment, it might also be possible to receive damages to cover future expenses.

Sometimes, injuries are bad enough to result in missing work. If this is the case, document how much time you took off and any communication from your employer about your injuries. You might be able to receive compensation for wages you missed out on due to missing work.

Other types of damages are considered non-economic in nature. These include damages for pain and suffering if your injuries were especially severe and additional compensation if you significantly lose some of your quality of life. The amount of non-economic damages you might be entitled to depends on the individual case, so it is helpful to speak with an attorney to evaluate your case’s worth.

FAQs

Q: What Is a Premises Liability Claim in Louisiana?

A: In order to prove that a property owner is liable in a premises liability case in Louisiana, it must be proven that they were negligent and did not provide their duty of care. The duty of care refers to the obligation of property owners to keep their buildings free from hazards. If something cannot be fixed immediately but poses a danger to visitors of the property, then appropriate signage must be displayed to avoid injuries.

Q: What Is the Statute of Limitations on Premises Liability in Louisiana?

A: The statute of limitations for premises liability claims in Louisiana is the time limit by which plaintiffs must file a claim. This means that a claim filed after the time period will be considered invalid, and plaintiffs will be unable to collect damages. If you believe you might have a valid premises liability claim, then visit an attorney as soon as possible to understand your options before the time limit expires.

Q: How Is Liability Proven in Premises Liability Cases?

A: In a premises liability case, an individual usually has to prove several things. First and foremost, the property owner had to have a duty of care to that individual, which might not apply in some cases. The owner must have also breached that duty by not keeping their building safe, resulting in an injury. Finally, the injury must have caused injuries that were severe enough to sustain damages, like lost wages or pain and suffering.

Q: What Damages Can Be Limited in Louisiana?

A: In Louisiana, certain damages have limits to the amount a person can receive in compensation, otherwise known as damage caps. Damage caps in this state apply to medical malpractice from a certified provider and government-owned properties. This means that if someone is injured in a premise liability claim in a public space like a park or government-owned building, they are limited in the amount of damages they can receive.

Let Day Law Group Help You

Louisiana law is notoriously complicated, especially in personal injury and premises liability. This is why it is so important to speak to an attorney about your case to determine its validity and the potential timeline. Schedule a consultation with Day Law Group today to receive professional advice about your premises liability case. Our talented attorneys are prepared to help you seek compensation.