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Premises Liability in Louisiana

It is the legal responsibility of property owners to ensure the safety of their visitors. Therefore, if you were visiting the property of another person and some hazard on the premises led to your injury, you may have legal remedies and may be entitled to monetary compensation for your pain and suffering, medical bills, lost wages, and more.

People often ask what the difference is between premises liability and slip and fall.  Premises liability is the broad category of injury claims related to injuries on another’s property.  Slip and fall is just one type of premises liability claim, albeit the most common.

Standard of Care

The legal concept that makes it necessary for property owners to ensure their property is safe for visitors is known as premises liability.  If a property owner knew or should have known of a hazard and did nothing to remedy it, they are responsible for any damages that result from their breach of care.  According to La. Civil Code article 660, property owners must keep their buildings in repair and exercise a reasonable amount of care in maintaining the property.  Per La. Civil Code article 2317.1, if the property owner could not have reasonably known about a building defect or other hazard, they may not have liability for injury that occurs as a result.  Proving that the property owner was negligent is often difficult.  Do not hesitate to call us.  We can help build your case and prove that you were within your rights to be on the property, and that the property owner should have been aware of the danger and failed to take reasonable steps to fix it.

Common Types of Premises Liability Claims

As mentioned above, slip and fall accidents are just one type of premises liability case.  Dangerous animals are another common example, but there are many other types of property hazards as well.

Property owners must make sure property is adequately maintained and safe at all times.  If necessary repairs are not made in a reasonable amount of time, any injuries may be the property owner’s responsibility.

Complying with the fire code is another important obligation.  If a fire is caused by the negligence of a property owner, they may be legally responsible for any injuries that ensue.

Backyard toys are another common hazard, especially for children.  Property owners should ensure their swimming pools, swing sets, and trampolines are enclosed in a privacy fence, and must provide adequate supervision to invited guests.

Businesses may have a duty to provide security, especially if they know or should know that crime is at high risk.  If they fail to hire adequate security professionals or install security equipment, they may be responsible if victims are injured on their property.

Toxic substances such as asbestos and lead paint can also pose a danger to guests.  Property owners should take reasonable steps to remove toxic substances, or if removal unduly burdensome they must make sure guests are aware of the substances.

The personal injury lawyers at Bowes, Petkovich & Palmer, LLC are experienced at handling various types of premises liability claims in the New Orleans area and across Louisiana.  Call us today for a free consultation.

Other Types of Injury Cases We Handle:

Automobile Accidents

Commercial Trucking Accidents

Motorcycle Accidents

Work Accidents

Dog Bites

Slip and Fall

Product Liability

Medical Malpractice

Wrongful Death & Survival