New Orleans Premises Liability Lawyer

New Orleans Premises Liability Attorney

Every day people step foot on other people’s property. You do it when you go to work, the gym, the grocery store, school, or even a friend’s house. When you visit these premises, you expect property owners to take the necessary precautions to keep their property free of hazards and safe for all visitors. Unfortunately, not every owner does so. A New Orleans premises liability lawyer can represent your interests if you are injured due to a property owner’s negligence.

In many cases, property owners fail to keep their premises hazard-free, and accidents occur. Occasionally, these accidents result in serious injuries that require a visit to an emergency room for treatment. The most common premises liability accidents are slip and fall cases, but they can be so much more. From slippery surfaces to foreign objects blocking walkways, several factors can lead to premises liability cases.

At Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., our team of New Orleans personal injury attorneys have spent the better part of the last seven decades helping clients secure damages for injuries they sustained across a host of case types. Our attorneys understand the responsibilities property owners have and the legal issues these cases present.

Types of Premises Liability Claims

A premises liability claim occurs when someone suffers an injury in an accident on someone else’s property that could have been prevented if the property owner had taken better safety precautions.

Slip and fall cases are the most common type of premises liability claim, accounting for over one million emergency room visits a year. They are also the leading cause of workers’ compensation claims. However, slip and fall cases are not the only kinds of premises liability claims we see.

There is a wide array of claims that we cover, including:

• Tripping on uneven flooring or carpeting
• Exposure to hazardous materials or chemicals
• Escalator or elevator injuries
• Swimming pool injuries
• Failure to warn visitors of unsafe conditions on the property
• Slipping on wet surfaces that do not have proper warning signs
• Failure to remove obstacles or debris from walkways
• Debris or objects falling from above a person’s head
• Defective stairways
• Negligent security
• Fire safety and building code violations
• Icy or wet sidewalks, walkways, or parking lots

To prove a case in court, you must prove that injuries did occur and were caused by the unsafe condition of the property. Additionally, you must prove that the property owner was aware or should have been aware of these unsafe conditions but failed to improve them.

Property Owner’s Duty of Care

In Louisiana, as in other states, property owners have a legal obligation to make sure their premises are safe for visitors. This obligation, known as the “duty of care,” is the core principle of premises liability law, and it determines whether a property owner can be held responsible for a slip and fall accident.

The extent of a property owner’s duty of care depends on the classification of the individual on the property. Louisiana law recognizes three categories of visitors: invitees, licensees, and trespassers. The duty of care a property owner owes to each group varies significantly.

1. Invitees are individuals who enter the property for the benefit of the property owner, like customers at a store or clients at a business. Property owners owe the highest duty of care to invitees. Therefore, they must take reasonable steps to inspect for hazards, repair dangerous conditions, and warn visitors of any known dangers. For example, they should place warning signs over a wet floor.
2. Licensees are individuals who enter the property for their own purposes. Social guests would be an example. Property owners owe licensees a duty to not intentionally or recklessly harm them, and they must warn licensees of any hidden dangers that they’re aware of. For example, if a guest falls because of an unmarked, minor hazard that the homeowner was unaware of, the homeowner may not be liable.
3. Trespassers are individuals who enter the property without permission. Property owners generally don’t owe trespassers a duty of care, except to avoid willfully or wantonly injuring them. If a property owner knows — or should know — that trespassers regularly enter their property, they may have a duty to take reasonable steps to protect them from hidden dangers, like warning them via signage about a guard dog.

Property owners must make sure their property is safe and address any potential hazards. If a property owner fails to meet their duty of care and someone is injured as a result, they could be held liable for the damages suffered by the victim.

Compensation Available in Slip and Fall Cases

If you were harmed in a slip and fall accident while on another’s property, you could be entitled to compensation for the damages you’ve endured. In Louisiana, compensation in slip and fall cases is typically sorted into two broad categories: economic and non-economic damages. These are designed to cover both the tangible, out-of-pocket costs and the intangible, emotional impacts of the injury.

Economic Damages

Economic damages are intended to compensate for financial losses directly caused by the slip and fall accident. These are usually easier to quantify since they involve actual, verifiable costs. The most common types of economic damages include:

1. Medical Expenses: This encompasses all expenses related to the treatment of your injuries, like hospital stays, surgeries, medication, and rehabilitation. If your injury requires long-term care or future medical procedures, these costs may also be factored into your compensation package.
2. Lost Wages: If your injuries do not allow you to work, you may be entitled to compensation for lost wages. This includes the income you’ve lost during your recovery period as well as any future earnings that may be affected by long-term or permanent injuries.
3. Property Damage: If personal property, like clothing, eyeglasses, or a phone, was damaged in the slip and fall accident, compensation may also cover the cost of replacing or repairing these items.

Non-Economic Damages

Non-economic damages compensate for the losses that are harder to quantify, as they don’t have a direct financial cost. Rather, they reflect the physical and emotional suffering caused by the injury. Some of the key types of non-economic damages include:

1. Pain and Suffering: If you’ve experienced severe pain, chronic discomfort, or long-term physical limitations, you may be entitled to compensation for the anguish and suffering caused by the injury.
2. Emotional Distress: The emotional toll of a slip and fall accident can be significant, especially if the injury leads to long-term psychological effects, like anxiety, depression, or post-traumatic stress disorder (PTSD).
3. Loss of Consortium: If your injury has led to a reduced ability to perform everyday activities or engage in a relationship, your spouse may be entitled to compensation for the loss of companionship and intimacy.
4. Loss of Enjoyment of Life: If the injury prevents you from participating in activities you once enjoyed, like hobbies, sports, or socializing, you may be compensated for the loss of enjoyment of life.

The total amount of compensation in a slip and fall case depends on many different factors, including the severity of the injury, duration of your recovery, extent of your financial loss, and emotional impact of the injury.

At Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., our experienced premises liability lawyers can determine the full extent of your damages, both economic and non-economic. Then, we can make sure you’re fairly compensated for all aspects of your injury.

FAQs

Q: What If the Property Owner Tries to Blame Me for the Slip and Fall Accident?

A: If the property owner attempts to blame you for the slip and fall accident, you’ll need to provide evidence to counter their claims. This could include photos of the hazard, witness statements, medical records, and surveillance footage. Our experienced attorneys can gather and analyze the evidence in your case. Then, we can establish that the property owner’s negligence was the primary cause of your injury.

Q: What If My Slip and Fall Accident Occurred After Hours When the Property Was Closed?

A: An accident occurring after hours doesn’t automatically negate your claim. If the hazardous condition existed prior to closing, the property owner could still be held liable for failing to address the risk. Evidence like maintenance records, testimony from employees, or surveillance footage could prove that the owner was aware of the danger.

Q: What Role Does Surveillance Footage Have in a Slip and Fall Case?

A: Surveillance footage can have a critical role when proving fault in slip and fall cases. It may show the exact conditions leading to the accident, such as wet floors, obstacles, or even negligence in cleaning. Video recordings can also establish the time of the accident and whether the property owner was aware of the hazard.

Q: How Do Weather Conditions, Like Rain or Ice, Affect Slip and Fall Claims in New Orleans?

A: Weather conditions, like rain or ice, can complicate slip and fall claims, but property owners still have a duty to maintain safe conditions. If the owner failed to salt walkways, clear puddles, or post warnings during dangerous weather, they could still be held liable. Our lawyers can examine whether the property owner’s actions (or inactions) contributed to the slip and fall. We can then determine whether the weather alone was to blame or if negligence had a role.

Reach Out Today

If you’ve been involved in a slip and fall accident, Fortunately, the New Orleans attorneys at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. have decades of experience handling these kinds of cases. We possess the knowledge and experience to prepare a case thoroughly and navigate through courtroom proceedings. We know exactly what to look for in premises liability and slip and fall cases to prove your claim.

Our firm has been assisting clients throughout Louisiana and Mississippi recover damages for the injuries they sustained due to the negligence or inaction of a property owner. If you suffered an injury on someone else’s premises that could have been prevented with appropriate safety measures, contact Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. to schedule your free consultation.