When you are in an avoidable accident and sustain damages because of a negligent property owner, you may have cause to pursue legal action. However, getting hurt while visiting someone else’s premises does not necessarily mean you can file a lawsuit and win a settlement. There must be evidence the property owner knew or should have known of a specific defect and failed to fix it or warn visitors.
A Metairie premises liability lawyer could help gather this evidence and pursue compensation on an injured person’s behalf. Schedule a consultation with one of our skilled injury attorneys for more information and help with your case.
Property Owner Liability
Liability in premises liability cases depends on the type of visitor who suffers injuries while on the property.
Invitees are people who enter properties at the invitation of the property manager. The person responsible for the upkeep of a property may invite an invitee expressly or by implication for business purposes that benefit both parties.
Licensees are guests that enter a premise for social reasons and their own benefit. While the property manager owes invitees the highest duty of care, they are also legally responsible for keeping the grounds safe for licensees.
Trespassers enter a property for their own benefit and without permission. A landowner is not obligated to keep the property free of hazards for trespassers.
Under the guidance of the Louisiana Civil Code § 2322, a landowner is liable for damages when people suffer injuries and other losses because of a property defect or unreasonably hazardous condition. However, if an injured individual knew or should have known about the hazard, the court may determine the property owner is not responsible for covering the damages. A Metairie attorney could review a potential premises liability case to determine which classification the injured party falls under.
Examples of Hazardous Conditions
Landowners are responsible for surveying their property for any potentially hazardous conditions and repairing them. Otherwise, owners could be held liable for any injuries in court. Common hazardous conditions include:
- Building code violations
- Broken stairs or handrails
- Loose or frayed carpeting
- Icy, wet, or slippery floors
- Poor lighting or negligent security
- Loose cords, clutter, and other tripping hazards
- Defective sidewalks or parking lots with potholes
- Failure to warn and protect visitors from aggressive dogs
A premises liability lawyer in Metairie could conduct an extensive investigation, including interviewing potential witnesses, viewing video footage, and accident recreation, if necessary, to establish a property owner’s fault.
Pursuing an Award for Damages
After proving liability, the court may award financial damages to an injured individual. These damages may cover the costs of:
- Healthcare expenses and ongoing treatments, surgeries, and hospital stays
- Loss of salary while the plaintiff is home recovering from their injuries
- Transportation to medical appointments, prescriptions, and house or vehicle renovations
- Psychological distress, such as anxiety or post-traumatic stress disorders
- Physical pain and agony
- Loss of the enjoyment of life
The total compensation amount can vary significantly depending on the case specifics. When someone’s injuries are severe and have the potential to cause lifelong disabilities, the settlement amount can be substantial. A lawyer could help Metairie residents secure the maximum possible compensation through a premises liability claim.
Call an Experienced Premises Liability Attorney in Metairie
Louisiana property owners must keep their premises safe and warn guests or visitors of potential safety risks until they complete repairs. When a property owner fails in this duty and others suffer the consequences, the civil court could hold them legally and financially accountable.
When you experience injuries because of a careless landowner, a Metairie premises liability lawyer could help you take legal action and file a lawsuit to recover damages. Call today to begin working on your case.