When an accident away from home causes an injury, you might have a claim against the property owner based on premises liability. This area of law requires property owners to maintain reasonably safe premises to prevent injury to people who enter the property with permission.
Proving these cases can be complicated, so it is best to work with a knowledgeable personal injury attorney. A Thibodaux premises liability lawyer could investigate the incident, compile evidence of property owner negligence, and ensure you receive appropriate compensation for your injuries.
Premises Liability Principles
A person who suffers an injury on someone else’s property (plaintiff) must prove that the party who controls that property (defendant) is negligent and that the defendant’s negligence directly caused their injury. In the context of a premises liability claim, negligence means a failure to keep the property reasonably safe.
The first part of this principle means showing that the defendant had control over the property. For example, if a person gets hurt on an escalator in a shopping mall, the mall owner is likely responsible. However, if the escalator were in a store that rents space in the mall, the store owner would have liability.
The plaintiff must also prove that the injury they suffered happened because of an unsafe condition the defendant should have known about, warned about, or corrected. However, it is important to note that an injured person does not have a claim if they were trespassing. A Thibodaux attorney could review the details of an event to determine its cause and who the potentially responsible party is in a specific premises liability case.
Various Incidents Could Trigger Premises Liability
The most common reason for a premises liability claim is a slip and fall accident. These incidents are often caused by preventable hazards such as wet floors, messy cables or wiring, damaged flooring, poor lighting in stairwells, uneven sidewalks, and more. However, our Thibodaux attorneys represent clients who sustain injuries in a wide variety of premises liability scenarios, including:
- Building fires
- Ceiling or roof collapses
- Strikes by falling objects
- Bedbug infestation in a hotel
- Diseases caused by inadequate ventilation in a workplace
- Health impacts resulting from mold in an apartment building
- Robbery in a parking garage
- Drowning or near drowning in a public pool
- Sexual assault in a dormitory
Any injury, disease, or crime that resulted from a preventable, unsafe condition on someone else’s property could form the basis of a premises liability claim.
Be Aware of the Time Limit for Action
When an injured person files a claim seeking compensation, the responsible party might try to evade liability. When there is a credible threat that the claim could lead to a lawsuit, the responsible party is more likely to negotiate in good faith to settle the matter before the plaintiff takes them to court. If the plaintiff does not have the leverage of a lawsuit, it could be difficult to negotiate an acceptable settlement.
Louisiana Civil Code Article 3492 allows an injured person only one year from the date of their injury to file a lawsuit seeking compensation. Therefore, it is critical for an injured person to work with legal representation as soon as possible.
Consult a Thibodaux Attorney About Your Premises Liability Claim
Property owners and lessees are responsible for knowing about hazards that threaten visitors’ safety and repairing or warning about them. When you are hurt in a preventable incident on someone else’s property, you could have a premises liability claim.
A Thibodaux premises liability lawyer could provide thorough and aggressive representation, ensuring you receive the compensation you deserve. Call today to discuss your situation with a seasoned attorney.