Were you seriously hurt because a property owner failed to uphold safety protocols on their premises? These incidents can happen just about anywhere—from grocery stores and hotels to apartment complexes and parking garages—and they often lead to life-altering injuries.
The aftermath of a property-related accident can be painful, stressful, and confusing, but you do not have to go through this experience alone. Instead, let a Baton Rouge premises liability lawyer guide you through the process and advocate for your rights.
Since 1993, we’ve recovered millions of dollars in compensation. With a Baton Rouge personal injury lawyer, you can hold negligent property owners accountable for the harm you’ve suffered.
Duty of Care in Louisiana Premises Liability Law
Premises liability claims are rooted in the duty of care that property owners owe to those who step foot on their property. The nature and extent of this duty both depend on the status of the injured person and the circumstances surrounding their injuries.
Louisiana law establishes clear rules regarding these duties and the elements your Baton Rouge premises liability attorneys must show when proving negligence in your case.
Louisiana’s civil law system emphasizes that the landowner’s duty varies depending on the visitor’s legal status:
- Invitees: These are people invited onto the property for business purposes or mutual benefit. Property owners owe invitees the highest duty to maintain safe premises and warn them about any hidden dangers.
- Licensees: These are people who enter the property with the owner’s consent but for their own purposes, such as social guests. Owners owe licensees a duty to warn them about known hazards that might not be easily discoverable.
- Trespassers: These are those who enter without permission. Property owners owe trespassers a duty to avoid intentional harm, though they do not generally owe them a duty to warn of hazards except in limited cases involving children or attractive nuisances.
Common Types of Premises Liability Claims in Baton Rouge
Premises liability cases often involve a wide array of injuries caused by various incidents:
- Slip and fall incidents: Often caused by wet floors, uneven surfaces, poor lighting, or debris, these are common in commercial settings like stores and restaurants where property owners must maintain safe conditions.
- Defective or dangerous property conditions: These injuries often result from broken stairs, unsecured railings, damaged sidewalks, or inadequate security measures.
- Dog bites and animal attacks: Louisiana law holds animal owners liable if their pets cause injuries, especially if the owner knew or should have known about the animal’s dangerous tendencies.
- Swimming pool accidents: These include drownings or injuries from unsafe pool conditions and inadequate protective fencing.
- Elevator and escalator malfunctions: These are injuries caused by defective or poorly maintained equipment in commercial and residential buildings.
- Criminal acts on property: Injuries resulting from assaults or other crimes may implicate property owners if they failed to provide adequate security or warn visitors of foreseeable dangers.
Notice and Knowledge of Hazardous Conditions
An important element of premises liability claims in Louisiana is proving that the property owner had notice of the hazardous condition. This notice can take the following forms:
- Actual notice: The owner knew of the dangerous condition.
- Constructive notice: The owner should have known about the hazard through reasonable inspection or maintenance.
- Created the hazard: The owner caused or contributed to the dangerous condition.
If the plaintiff cannot establish that the owner had notice or caused the condition, the claim will often fail. This requirement encourages property owners to maintain their premises and inspect them regularly to prevent injuries.
Statute of Limitations for Premises Liability Claims in Louisiana
In Louisiana, personal injury claims arising from premises liability have a two–year prescriptive period. This means injured parties must file their lawsuit within 24 months of the date of the injury to preserve their right to recover damages.
Missing this deadline usually results in the dismissal of the claim. Therefore, timely investigation and filing of premises liability claims in Baton Rouge are a must if you want to make sure that injured parties do not lose their rights.
Liability of Different Property Owners and Occupants
Premises liability claims in Baton Rouge can involve various types of property owners or occupants:
- Commercial property owners: Retail stores, restaurants, office buildings, and other business properties owe a high duty of care to customers and invitees.
- Landlords and property managers: They are responsible for maintaining rental properties in a reasonably safe condition and repairing dangerous defects.
- Homeowners: They have duties to guests and sometimes to trespassers under certain conditions, such as attractive nuisances involving children.
- Government entities: Public agencies may be liable for injuries on government property but often enjoy sovereign immunity unless waived under the Louisiana Tort Claims Act.
Contact Our Premises Liability Law Firm in Baton Rouge Today
If you or someone you love has been hurt as a result of dangerous or poorly maintained property conditions, you don’t have to go through the legal process all by yourself. Premises liability cases can become overwhelming, but you’re not alone.
At Cueria Law Firm, our Baton Rouge premises liability lawyers understand what you’re going through. We’re ready to help you fight for the compensation you deserve, and we’re prepared to investigate every facet of the incident as we advocate on your behalf.
Don’t delay taking action any longer. Your recovery and your rights matter, so contact our Baton Rouge premises liability law firm today to discuss your situation. We’re here to help you take the first step toward holding the responsible parties accountable.
