Property owners have a legal duty to keep their premises reasonably safe for guests and visitors. When they fail to do so and someone gets hurt as a result, the victim has the right to take legal action and seek monetary damages. Retaining an experienced premises liability lawyer in Lafayette is the most important step you can take to winning the compensation you deserve. The family at Inzina Law Firm Injury Attorneys is ready to get to work for you.
Types of Premises Liability Cases You Can Sue For
If the owner or other responsible party (e.g. manager) of a property does not take certain reasonable steps to prevent injuries, the victim can file a premises liability lawsuit. Examples of these claims include:
- Slips and falls: Slick surfaces, debris left in hallways and other walking paths, and uneven sidewalks fall under this category. The owner may have failed to take the step of warning others of the danger while it was being addressed.
- Fire code problems: The fire code governs a variety of safety issues, such as poor wiring, that can lead to fires. If the injuries are traced back to a code violation, the owner can be held liable.
- Hazardous substances: Allowing harmful substances and chemicals, such as lead-based paint, onto a property can harm others. Owners often refuse to address these types of problems because of cost.
- Dangerous animals: Owners are responsible for supervising dogs and other dangerous animals on their properties. If a person had a legitimate right to be there and was attacked, he or she might have a legal claim.
- Poor maintenance: As a building or other structure ages, certain repairs are necessary to keep it safe. In the absence of regular and proper maintenance, people can get seriously hurt.
- Negligent security: When someone is the victim of an assault or other crime, liability may point back to the owner. Certain steps, such as hiring security guards, could have prevented the attack.
- Swimming pool accidents: The owner of the property with a swimming pool should install a fence or other enclosure to keep children from drowning. Proper supervision may also be required for invited guests.
What Kind of Injuries Can You Sue for in a Premises Liability Case?
Many different types of accidents are possible on properties with hazardous conditions. Common injuries include:
- Broken bones
- Head, neck, and spinal cord injuries
- Facial injuries
- Amputation
- Back injuries
- Internal bleeding and organ damage
- Post-traumatic stress disorder (PTSD)
- Burns
How a Lafayette Premises Liability Attorney Can Help You Strengthen Your Case
If you’ve been hurt on someone’s property, the burden is on you to prove that the property owner was negligent. A good first step in doing so is hiring a Lafayette premises liability lawyer, who can assist by:
- Investigating the accident to uncover evidence and determine the identity of the at-fault parties
- Reviewing the evidence, such as the accident report, witness statements, and photos and videos
- Examining your medical records to determine the extent of your injuries
- Determining the value of your case, both in terms of losses already incurred and those you will face in the future
- Working with expert witnesses to substantiate your allegations and the damages demanded
- Negotiating with the at-fault party’s insurance company for a fair settlement, if possible
- Taking your case to court and handling all litigation if the insurer refuses to negotiate in good faith
Proving Negligence and Recovering Compensation in Lafayette
Your Lafayette premises liability lawyer will fight to prove the property owner’s negligence and win compensation by demonstrating that:
- You had a right to be on the property
- A hazardous condition existed
- The owner either knew about the condition or reasonably should have known about it
- The owner failed to correct the condition or adequately warn others of it
- As a result, you suffered an injury
Compensation may cover, among other items:
- Medical expenses (including future ones)
- Lost wages
- Lost earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Disfigurement
How We Hold Negligent Property Owners Liable for Our Clients’ Injuries
Louisiana law generally requires that owners maintain their properties, make repairs to keep their properties safe, and remove hazards. Owners who were not aware of a dangerous condition may not be liable, so we work to show that the owner either knew or should have known about it. Evidence of failure to address a hazard or warn visitors of it may be uncovered either during the investigation phase or through discovery.
Most premises liability cases are settled without the need for a trial through mediation or other settlement discussions. If the insurer refuses to fairly negotiate, however, we will ask a jury to award the compensation you deserve.
How Do Louisiana Shared Fault Laws Affect Your Premises Liability Settlement?
Louisiana personal injury law (which includes premises liability cases) allows for a victim to still recover compensation, even if he or she was partially responsible for the accident. However, the amount of compensation will be reduced by the victim’s share of fault. For instance, if the victim were determined to be 20% liable and total damages amount to $100,000, that figure will be reduced by 20% ($20,000) and the victim will receive $80,000. Since this legal rule provides a strong incentive for the defendant to shift blame to the victim, you should retain a seasoned premises liability lawyer in Lafayette.
Premises Liability Cases Have a One-Year Deadline in Louisiana
If you’ve been injured due to negligence on someone’s property, you only have one year to file a lawsuit in most cases. If you file outside this deadline, your claim will be dismissed and you won’t recover anything. But to present your strongest possible case, take action as soon as possible.
Get Help from a Lafayette Premises Liability Attorney Today
If you or someone you love was hurt on another person’s property, it’s time to look into your legal options. The family at Inzina Law Firm Injury Attorneys works hard to help accident victims win the damages they need to recover from their injuries. Call our office to talk with a skilled premises liability lawyer in Lafayette as soon as possible. We can schedule your consultation today.
