Premises Liability
Practice Areas
Baton Rouge Premises Liability Lawyer
When we visit another person’s property, like someone’s home, a grocery store, or even our own workplace, we usually don’t expect to get hurt. That’s because of premises liability laws; property owners are legally obligated to keep their premises safe for others. If a premises liability accident occurs, the property owner would be legally responsible for any serious personal injuries.
If you or someone you love has been injured due to property owner negligence, call The Law Offices of Ossie Brown. With an extensive legal background in trying personal injury cases, our team is prepared to help you recover compensation for your premises liability injury. Call (225) 343-1111 to schedule a free consultation with a premises liability lawyer.
What is Premises Liability?
Under Louisiana law, property owners owe guests and visitors a duty of care, which is reasonable care someone has to protect others from harm. In premises liability cases, that means a property owner must keep their premises safe for those on their property. If that property owner fails to keep their premises reasonably safe, they may be held liable for any damages caused by that person’s property.
For example, if a property owner lets their property or building fall to ruin, and an accident occurs as a result, the property owner could be held liable for any physical injuries caused by the accident. They could also be liable for any medical bills and missed wages incurred as a result of the injury, as well as any pain and suffering the accident caused the victim.
Premises liability law extends to any private property or business owner, meaning that they are responsible for fixing property defects or warning others of any potential dangers. Premises liability lawyers can help victims file premises liability claims to recover damages from different kinds of property owners. While financial compensation will not undo any injury, it can certainly help ease financial stress and grant the victim peace of mind.
Common Types of Premises Liability Accidents
A premises liability accident can come in a lot of different forms, depending on the environment the accident occurs in or the circumstances surrounding the accident. Below are some of the most common types of accidents that warrant premises liability claims.
Slip and Fall Accidents
It is a property owner’s duty to keep walkways clear of trip hazards, decrease the risk of someone slipping on smooth surfaces, and warn others of any wet floors. If the property owner fails to do these things, they may be responsible for financial losses if someone slips and becomes injured. Slip and fall accidents can occur anywhere, even on reasonably safe premises, so property owners need to be vigilant in their efforts to protect the well-being of others. The Baton Rouge slip and fall accident attorneys at The Law Offices of Ossie Brown can help you file a claim for compensation.
Swimming Pool Accidents and Drownings
When you visit a pool on someone else’s property, you expect that pool to be safe, secure, and well-maintained. Property owners with pools have a responsibility to keep that pool and the surrounding area safe, regardless of whether the pool is on private or public property. A premises liability case involving a swimming pool accident can include injuries from slipping and falling into the pool, diving into a pool that’s too shallow, or even drowning.
Injury victims can file a premises liability lawsuit against the property owner if their pool is not safe for others. This can include having walkways around the pool that aren’t easily navigable, failing to provide proper warnings of any hazards, or leaving the pool unsecured, which could allow children to wander into them unaccompanied.
Animal Attacks
If you are attacked by an animal unprovoked, and you have permission to be on the animal owner’s property, you may be able to file a premises liability claim against the property and/or animal owner. Pet owners have an obligation to protect those who visit their property, and should try to prevent the possibility of their animals attacking people unprovoked. The premises liability lawyers at the Law Offices of Ossie Brown can help you file a personal injury claim for dog bite injuries or any other animal attack injury.
Negligent Security
In 2023, Forbes ranked Baton Rouge #8 in the 15 most dangerous cities in the U.S., so safety is definitely a major concern here. Unfortunately, not all property owners take safety and security seriously and may not provide guests with the proper duty of care they deserve. In the unfortunate event that a crime occurs due to a lack of security, a guest can become a victim of the crime. If the guest is injured as a result of the crime, they may be able to file a premises liability claim and hold the property owner liable for the damages.
Negligent security can come in many forms, including poorly secured entrances, nonexistent or unmonitored security cameras, faulty or nonexistent alarm systems, faulty or broken locks, and more. Additionally, a wide range of different kinds of property can fail to provide guests with adequate security. Some of those places include hotels, apartment buildings, malls, hospitals, gas stations, sports complexes, and many others.
Amusement Park Accidents
Amusement parks are a fun way to spend the day and can give thrill-seekers a much-needed adrenaline rush with fast rides. While deaths at amusement parks are fairly rare, they can happen, and visitors can sustain mild to serious injuries from rides or other parts of the property. In the unfortunate event of an injury or death, victims or their families can file premises liability claims against the property owners.
Under premises liability law, amusement park property owners and managers are responsible for ensuring sidewalks and ride queues are safe for guests to navigate. They’re also responsible for making sure their rides are properly maintained and that each rider is properly secured to prevent injury or death. If they don’t, a guest could be injured in a premises liability accident.
Common Types of Premises Liability Injuries
Like other liability cases, premises liability cases can involve various injuries; not every premises liability injury will look the same. For example, if someone is injured in a slip and fall accident, they may have injuries that differ wildly from injuries caused by an animal attack. Some common premises liability injuries include:
- Bruising;
- Lacerations;
- Whiplash;
- Broken bones;
- Nerve damage;
- Head injuries;
- Crush injuries;
- Spinal cord injuries; and more.
If you have sustained a preventable injury on someone’s property, you may be able to file a premises liability lawsuit or wrongful death lawsuit against the property owner or property owners. Skilled premises liability attorneys can help victims file for fair compensation.
Louisiana Premises Liability Depends on the Injured Person’s Status
If an accident occurred due to a property owner’s negligent acts, victims may only be able to seek compensation if they had the right to be on the property in the first place. Premises liability law divides injury victims into three categories: invitees, licensees, and trespassers. A premises liability attorney can help prove you had the right to be on the premises and that the property owner was at fault.
Invitees
Invitees are people the property owners explicitly or implicitly invite to the property. This usually refers to people visiting for financial or business-related reasons. Invitees can be there for their own purposes, like shoppers in a grocery store, or for the property owner’s purposes, like repair technicians at a home. Property owners have a high duty of care to invitees.
Licensees
Licensees are people that have permission from the property owner to be on the premises but are mainly there for social reasons. This can include family members, friends, or neighbors visiting a home that they have permission to visit. This can also include people like door-to-door salesmen or religious missionaries.
Trespassers
In order to be on someone else’s property, you have to have either express or implied permission from the property owner to be on the premises. If someone is on private property without the property owner’s permission, they would be considered a “trespasser.” According to La. R.S. 14:63 Sec. H., if a person is injured while committing criminal trespassing, the property owners cannot be held liable for those injuries, and any premises liability cases filed by the trespasser may not be successful.
Damages for Premises Liability Lawsuits
In a premises liability claim, damages are the losses the accident victim incurred as a result of their injury. If someone breaches the duty of care or fails to make a reasonable effort to protect people on their property, they may be found negligent. In a premises liability lawsuit, the negligent party could be ordered to reimburse the victim for the damages. Common premises liability claim damages include medical bills, lost wages, pain and suffering, and punitive damages.
Call a Baton Rouge Premises Liability Lawyer at the Law Offices of Ossie Brown Today
If an injury occurs on someone’s property, the injured person can hold the property owner liable by filing a premises liability case. To ensure the liable party gives proper compensation in relation to the injuries caused, the victim may need to present medical records or letters from their insurance company. A premises liability attorney can help a victim or their family gather the necessary documentation to file a claim and can represent them in a liability lawsuit. If you have been injured on someone else’s property, you need an experienced premises liability lawyer to help you file for compensation or even represent you in court. At The Law Offices of Ossie Brown, we serve our clients on a contingency fee basis, meaning we won’t charge you for our legal services unless we help you recover compensation. Call us at (225) 343-1111 and schedule your free consultation today.
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