New Orleans Premises Liability Lawyer for Claims Against Business and Property Owners
Accidents can and do happen. When they occur on property owned by another person or entity, the property owner is often legally responsible for any injuries that result. If this has happened to you, a New Orleans premises liability lawyer at Bloom Legal can help.
Whether it is a mishap at a backyard pool party or a slip and fall in a slippery grocery store aisle, anyone who is injured in an accident in Louisiana has the right to seek compensation from those responsible. An experienced premises liability attorney can help you understand your rights and pursue money damages, often without the need for a long and drawn out court battle.
At Bloom Legal, our New Orleans injury attorneys help people injured in a full range of accidents get compensation for their injuries. We combine decades of legal experience and have a track record of successful results, including in dealing with insurance companies. We do not get paid unless we win your case.
What is Premises Liability in Louisiana?
Premises liability generally refers to a property owner’s legal responsibility for accidents that happen on the grounds. It can cover everything from accidents in a commercial office building to those that happen in a retail store parking lot, among many others.
Property owners generally owe people on the premises what courts and lawyers call a “duty of care.” They are typically required to keep the property in reasonably safe condition and to warn people of any hazards that the owner knows about or should know about through reasonable inspection.
Take, for example, a situation in which a beverage or food item falls off of a shelf in a grocery store and spilling onto the aisle below. The store’s owner is generally required to clean up the spill or at least block off the aisle within a reasonable amount of time so as to protect shoppers from slipping and falling. The owner may also be expected to warn shoppers that the floor is wet in the meantime.
The specific duty of care owed in any situation can vary based on the type of visitor.
- Invitee: As the name suggests, an invitee is someone who was invited to the property. This group includes retail shoppers, restaurant customers and other business patrons. The property owner is required to take all reasonable precautions to protect an invitee.
- Licensee: This category includes social guests and certain people who are authorized to be on the property, but not invited, like a salesperson. At minimum, the property owner is required to warn licensees about any safety hazards on the premises.
- Trespasser: A trespasser is someone who has no right to be on the property. The property owner generally has no duty of care to trespassers, but there are certain exceptions for minors and in situations where the owner knows that trespassers are likely to enter the property.
A property owner that does not live up to the specific duty of care is likely to be liable for any injuries that happen as a result. If you have been injured on another’s property in Louisiana, a New Orleans premises liability attorney can help you understand your rights and explore your options.
Our New Orleans Premises Liability Lawyer Outlines Common Accidents
At Bloom Legal, we commonly see the following types of premises liability accidents:
- Slips and falls: These are the most common types of premises liability accidents, and can be caused by everything from an icy sidewalk to a rickety stairway guard rail.
- Swimming pool accidents: Pools may be fun for the whole family, but they also pose a serious safety hazard if not properly maintained and supervised.
- Negligent security: Hotel, retail store and entertainment operators that know of certain safety and security risks are required to take steps to address the threats.
- Nursing home neglect: Falls and other accidents are particularly hazardous for elderly people who are often more prone to injury.
Although every case is different, our attorneys understand how to build the strongest possible claims for monetary compensation.
Common Injuries for New Orleans Visitors
There is no shortage of reasons why visitors from around the globe flock to New Orleans every year. As a result, accidents on hotel properties are frequent. If you have been injured during a trip to the Big Easy, a New Orleans premises liability lawyer can help.
It is important to understand that there are a number of state-specific requirements for premises liability cases in Louisiana, which include strict deadlines on filing a lawsuit for money damages. The sooner you contact an attorney, the better. At Bloom Legal, we work to determine if the property owner was aware of the dangerous condition if the owner failed to rectify the condition or warn individuals about the potential hazard, and if the victim had no reason to suspect dangerous conditions and experienced an injury. If you suffered an injury under these circumstances, you have a right for compensation. Under Louisiana law, your claim can help you recover from the damages sustained from the pain and suffering of your injury, your lost wages, and your medical expenses.
A New Orleans Premises Liability Lawyer Can Help You Prove Your Case
Premises liability involves the property owner’s legal responsibility for the injuries you sustain while on their property. If the owner allowed unsafe conditions to exist and persist on their property, you may have a solid premises liability claim. However, bear in mind that proving that such conditions existed and contributed to your injuries will be vital to obtaining damages. Our New Orleans premises liability lawyer will be able to offer sound advice on the right way to proceed.
Each state has different laws regarding premises liability claims, but to have a viable case in Louisiana, there are some key elements you will have to prove. Generally speaking, as the injured party, you will have to prove that:
The person you are naming in your premise liability lawsuit (the defendant) owned, occupied or leased the property where the accident and resulting injury occurred.
Proving this element of your case will include obtaining documents demonstrating the defendant’s title or lease on the property and showing that such documents mean that they had a duty of care in maintaining the property and keep it free from dangerous conditions.
The defendant was negligent in using the property by failing to properly maintain its condition.
Proving that the defendant was negligent by failing to meet the standard of care on the property is only one element of your case. As discussed above, liability for injuries sustained on the property will depend on the injured person’s status. Were you an invitee who was on the property for the owner’s financial benefit? Or were you a licensee who had permission to be on the property, or a trespasser, with no permission whatsoever? Whether or not you have a case will depend on your status, so work with a New Orleans premises liability attorney as soon as possible after the incident and learn about your rights under the law.
You (the plaintiff) were, in fact, harmed or injured on the property.
Demonstrating that you were hurt will be the key component of your case. You will have to show proof of your injuries by submitting medical records, as well as testimony from your doctors, other medical experts, and anyone else who has pertinent information about your condition. Your testimony will also be crucial to the case because it will allow you to discuss all of the ways the injury has impacted your life. Part of a premises liability claim will be centered on whether the injury has caused significant pain and suffering – which will also affect how much you are able to obtain in damages.
The defendant’s negligence in failing to maintain the property was a substantial factor in causing the harm.
Your New Orleans premises liability lawyer will be tasked with showing that the defendant’s negligence was the direct cause of your accident and subsequent injury. Your attorney will have to prove that the harm was foreseeable given the defendant’s failure to maintain safe conditions on the property. To prove this element, your attorney will only need to demonstrate that the defendant’s negligence was not the sole cause of the injuries but that it materially contributed to its occurrence.
How Bloom Legal Can Help
At Bloom Legal, we know how to build the strongest possible claims for the people that we represent and maximize the compensation that they are entitled to under the law.
In these cases, a New Orleans premises liability attorney will start by investigating the accident to determine how it happened and who is responsible. That includes obtaining any video footage, identifying and interviewing witnesses, gathering records regarding safety hazards and the property owners’ response to those hazards, tracking down any police reports, and compiling medical records to detail the injuries.
Once we have built the case, we will issue a demand letter to the responsible parties and their insurers. This often starts settlement discussions, with the goal of reaching a mutually acceptable agreement to resolve the claim without litigation in court.
In the event that a settlement cannot be reached, our lawyers stand ready to file a lawsuit and fight the case in court. We have had success resolving cases through negotiated settlement and at trial. Our premises liability lawyers represent people in New Orleans and the surrounding areas, as well as those who are injured while traveling to Louisiana. Call us at 504-599-9997 to schedule a free consultation with an experienced New Orleans
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Posted By: Sarah Perrie