By: Scotty Edward Chabert Jr.
In Louisiana, public and private property owners have a duty to maintain a safe environment on their property. This means property owners of both commercial and residential properties are required to provide relatively safe conditions to guests or provide warnings of any unsafe conditions.
When a property owner fails to meet this duty of care and an injury occurs, the injured party may bring a premises liability lawsuit to hold the property owner liable. The injured party can recover economic damages, for example, medical bills and lost wages, as well as non-economic damages, like pain and suffering or emotional distress.
Louisiana has clear guidelines for premises liability that are based on the property owner’s duty of care, negligence, and causation. Here are a few additional points about premises liability that will help you better understand this type of lawsuit and what to do if you ever find yourself injured on someone else’s property.
What Is the Most Common Premises Liability Injury?
The most common type of premises liability cases are “slip and fall” incidents. While these are often associated with outdoor spaces that are improperly maintained during winter conditions, they can occur anywhere on the property. Things like broken stairs, wet floors with no caution signs, loose handrails, and cracked sidewalks can all lead to slip-and-fall incidents.
Injuries from “slip/trip and falls” can range from minor to severe, with the most common types being:
- Back injuries
- Head injuries
- Spinal injuries
- Broken arms, legs, feet, or hands
- Internal injuries like broken bones
- Facial injuries and fractures
Slip and fall cases are more common than you might think, accounting for a third of all non-fatal accidents in the United States and resulting in over 800,000 hospitalizations annually. Given these numbers, it’s not surprising that slip-and-fall cases are the most common type of premises liability injuries in Louisiana.
How Do You Bring a Premises Liability Case Against Landowner or Business Property in Louisiana?
There are three key elements to establishing a premises liability case in Louisiana against the landowner:
- The property was dangerous when you visited or was invited;
- The property owner knew or should have known about the dangerous condition;
- Owner failed to cure the dangerous condition; and
- Your injury was caused by the dangerous condition.
To successfully bring a premises liability case, let Saunders and Chabert help you establish all three elements. Property owners have a duty of care to ensure that their property is safe. This includes keeping walkways clear of hazards and fixing all known problems. If owners cannot immediately fix a problem, protective measures should be taken by Owner, such as placing a warning sign to advise guests of the dangerous condition.
When a property owner fails to comply with this duty of care and someone is injured, the owner can be held responsible for this negligence.
What to Do if You’re Injured on a Residential or Commercial Property?
If you suffer an injury on someone else’s property, there are a few things you should always do.
- Fill out an incident report immediately.
- Seek medical attention right away, even for minor injuries. Having documentation of your injury is important.
- Gather all available evidence at the site of your injury. This includes things like taking pictures, recording a video, and getting the name and contact information of all witnesses.
- Report the injury to the property owner as soon as possible and document that communication.
- Call Saunders & Chabert for free consultation.
Our Premises Liability Experts Can Help
If you’ve been injured on someone else’s property the Saunders & Chabert team can help. Our premises liability experts will evaluate your case and ensure you get any damages that you’re entitled to receive. To learn more or have your case reviewed, contact us today at (225) 771-8100 or by completing our online form.