How to Prove a Louisiana Premises Liability Injury Case

How to prove a Louisiana premises liability injury case hinges on demonstrating that property owners or those controlling the premises failed in their duty of care. This is a legal obligation that is meant to ensure the property is reasonably safe for customers, guests, and other legal visitors. But sometimes these standards are not met, and when an accident occurs, it is considered negligence.

What Is the Louisiana Premises Liability Law?

Property owners in Louisiana are responsible for keeping their premises safe for those visiting legally. This means they must warn people about the potential dangers on their property. This responsibility also includes landlords, landowners, property managers, and government bodies.

Under premises liability law, the term “premises” is broad. It includes all areas of a property, from the land, buildings, lawns, sidewalks, and any facilities. This can mean businesses, private residences, porches, and even swimming pools. The Insurance Information Institute reports that nearly 10% of all personal injury claims involve premises liability.

The law classifies visitors into these three categories:

• Invitees: These are people who have explicit or implied permission to be on the property. Examples include friends and family visiting a home or customers in a retail store.
• Licensees: These people are legally on the property but do not have explicit permission from the owner. Examples include business clients, hospital patients, or those using public restrooms.
• Trespassers: These are people on a property illegally. Property owners do not owe trespassers the same duty of care as invitees or licensees under premises liability law.

If a property owner has failed to take reasonable steps to either fix dangerous conditions or warn visitors about potential hazards, and someone gets hurt as a result, they may be held liable for damages.

Some notable cases that have shaped how the state has handled premises liability law are White v. Wal-Mart Stores and Shows v. Shoney’s in the 1990s. Shows v. Shoney’s is one of the first cases that clarified the duty of care that property owners are required to provide their visitors along with establishing whether a condition is classified as a dangerous hazard.

On the other hand, White v. Wal-Mart Stores established what the burden of proof requirements are for Louisiana plaintiffs.

What Must Be Proven in a Premises Liability Case?

It is your responsibility to prove the property owner was negligent. This means that you and your personal injury lawyers in New Orleans must demonstrate negligence on the part of the property owner to be able to recover any compensation.

To have a successful premises liability claim, you need to prove one or more of the following facts:

• The property owner or management created the dangerous condition.
• They knew about the condition but failed to fix it.
• The dangerous condition existed long enough that it reasonably should have been discovered and corrected before your accident.
• You suffered actual damages as a result of your injury, including medical expenses, lost wages, pain and suffering, and others.

What Evidence Can I Use to Prove Negligence?

It is crucial to have the right evidence when proving negligence in a premises liability case. Without it, you will have even more challenges. An experienced New Orleans premises liability attorney can help you collect certain key evidence that can make your claim even stronger, including:

• Surveillance photos or videos
• Maintenance records
• Prior complaints and incident reports
• Government inspection reports
• Eyewitness or employee testimony
• Communications that show the property owner’s awareness of the hazard
• Police reports
• Accident reports
• Medical records or bills
• Expert witness testimony, such as that of engineers or medical professionals

What Is Comparative Negligence and How Does It Work With Premises Liability Lawsuits?

Louisiana operates under a pure comparative negligence system, meaning that when an accident occurs, more than one party can be found responsible. This includes the accident victim. If you share fault for an accident, you can still recover damages in a premises liability case as long as you are not found to be 100% responsible.

The amount of compensation you receive will be reduced by the percentage of your fault. So, for example, if you are found to be 30% responsible for the accident, your potential settlement will be reduced by 30%, and you will receive 70% of what you would receive in compensation.

Why Choose Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C

If you or a loved one has been injured due to a property owner’s negligence, you need a law firm you can trust. Our team offers experienced and dedicated legal representation for premises liability cases with a dedication to building a strong case to help you receive the compensation you deserve. Give us a call so we can advocate for you with compassion and diligence.

FAQs About How to Prove a Louisiana Premises Liability Injury Case

Do I Have a Case if I Was Injured on Someone Else’s Property?

You may have a case if your injury resulted from a dangerous condition that the property owner knew or should have known about and failed to fix or warn you about. It will depend on whether the owner was negligent, your status on the property (whether you were invited or trespassed), and how foreseeable the hazard was. Your legal counsel will be able to look at your situation and determine whether or not you have a case.

What Must I Prove to Win a Premises Liability Claim in Louisiana?

You typically need to prove that a hazardous condition existed, the property owner knew or should have known about it, they failed to fix or warn you about the danger, and you were injured as a direct result. It is recommended that you consult with a premises liability attorney for a better understanding of what your case may require.

Can I Still Recover Compensation if I Was Partially at Fault for My Injury?

Yes, under Louisiana’s comparative fault rule, you can recover damages reduced by your percentage of fault. For instance, if you were found 20% responsible, your recoverable damages would be 80% of the total. This system allows for recovery as long as you are not 100% at fault, to ensure that injured parties receive some compensation.

What Should I Do Immediately After a Premises-Related Injury?

After a premises-related injury, you should seek medical attention immediately. The incident should be reported to the property owner or manager, as well. It is recommended that you take photos of the scene and your injuries, gather witness contact information, and then consult with a New Orleans premises liability lawyer to understand your rights and potential claim.

To Prove a Liability Injury, Hire a Premises Liability Lawyer

When you have to prove fault in a premises liability case, it is not always cut and dry. It is usually more complex than it seems. Convincing your local parish court that a property owner is liable for your injury can be complex. To build the strongest possible case, you will need to hire a premises lawyer.

An experienced premises liability lawyer can thoroughly investigate your claim, help you understand the legalities, properly assess your damages, negotiate with insurance companies, and, if it comes to it, represent you in court. Contact Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., and schedule a consultation.