If you suffer a slip and fall or trip and fall accident on someone else’s property, you may wonder about your legal rights and options. Following a slip and fall accident or a trip and fall accident, you may have a premises liability claim in Louisiana against the owner or occupier of the property.

A premises liability claim seeks compensation for personal injuries caused by a defective or unreasonably hazardous condition on someone else’s property. Property owners and business operators have a legal duty to maintain their property in good condition without unreasonable dangers or hazards that could cause a slip or trip and fall accident for someone who is legally on the property.

If you or a loved one has been injured after suffering a trip or slip and fall accident on business property or private property in Louisiana, you may be entitled to compensation. Contact a Baton Rouge premises liability lawyer at Tomeny | Best Injury Lawyers today to schedule a free, no-obligation consultation. We are ready to discuss your personal injury case and explain more about how our firm can seek the compensation you need and deserve.

What You Should Do After A Dangerous Property Injury?

Following a slip and fall or trip and fall accident in Baton Rouge, a lawyer could help you take these actions to initially protect your legal rights after a premises liability accident:

Notify The Property Or Business Owner

If you’ve suffered a slip/trip and fall accident on someone else’s property, immediately notify the person in charge so that the property or business owner can contact their insurer or risk management company. If you have an accident on a business’s property, the company may require an accident or incident report. Get a copy of the report. Alerting the business will also put it on notice to safeguard important evidence, such as surveillance video.

Take Photographs Of The Accident Scene

If possible, take pictures or video of the accident scene, including whatever it was that you believe caused your fall, such as debris, cracks in the floor, or obstructions, any warning signs or lack thereof in the area, the lighting conditions, or weather conditions. Pictures are most valuable before the property owner has a chance to correct the condition.

Collect Contact Information For Any Eyewitnesses

If others saw you fall, you should gather obtain their names and phone numbers in the event you need a statement from them.

Seek Medical Treatment

If you are seriously hurt, call 911 and request an ambulance. If you don’t feel like you were hurt in the fall, you should still follow up with your personal physician or urgent care center as soon as possible. It is essential to establish and document the injuries directly resulted from the fall, especially in the event of delayed symptoms.

What Our Hazardous Property Lawyers Can Do for You

When you are injured through no fault of your own in a slip or trip and fall accident on someone else’s property, you need dedicated, experienced legal representation with a track record of success that you can trust.

caution floor sign to prevent slip and fallsAt Tomeny | Best Injury Lawyers, our Baton Rouge premises liability attorneys bring a professional background in and a comprehensive understanding of the insurance defense industry. With our knowledge, we have enabled personal injury victims and their families to recover financial compensation from at-fault parties.

Our firm pursues every avenue to pursue maximum compensation for our clients. We work with engineering, medical, and financial experts to build the strongest possible case. Our efforts have led to a solid record of success. Through our representation, our clients have recovered millions of dollars in compensation in settlements and verdicts at trial.

Our founder, Frank Tomeny, has been recognized for his legal skill by being named a Super Lawyer and receiving a respected AV rating from the legal rating service Martindale Hubbell.

At Tomeny | Best Injury Lawyers, we take the time to get to know our clients and to give each case the personal attention that it deserves. Through a comprehensive understanding of your goals, concerns, and needs, a skilled lawyer can and will aggressively pursue monetary compensation for a slip and fall or trip and fall accident.

Common Causes of Premises Liability Accidents

A dangerous property can occur almost anywhere. Some of the most common places where slip/trip and fall accidents happen include:

  • Sidewalks
  • Parking lots
  • Grocery stores and supermarkets
  • Department stores
  • Malls
  • Restaurants
  • Hotels
  • Staircases and stairwells
  • Escalators and elevators
  • Swimming pools
  • Amusement and recreational parks
  • Construction sites
  • Factories
  • Offices

If you’ve suffered an accident as a visitor, customer, or even an employee, you may be entitled to seek compensation for your injuries. Our Baton Rouge attorneys are ready to handle your premises liability claim.

What Are the Most Common Injuries From Property Accidents?

Although some people may think that a slip and fall or trip and fall accident only results in a few bumps and bruises, falls can bring about serious, life-altering injuries, especially when children or older adults are the victims.

Some of the most severe injuries that a fall could cause include:

  • Lacerations, especially when a victim falls on a sharp object
  • Head injuries and traumatic brain injuries, ranging from a mild concussion to coma, ongoing seizures, or cognitive impairment
  • Bone fracture, particularly ankle, leg, knee, and hip fractures
  • Back and spinal cord injuries, including disc injuries, fractured vertebrae, or paralysis
  • Soft tissue injuries, including sprains, strains, and tears of muscles, ligaments, and tendons

Don’t let property or business owners, insurance companies, or defense lawyers try to insist that you weren’t actually injured to avoid liability. Our Baton Rouge premises liability attorneys are ready to fight back against these unfair tactics.

Who Could Be Held Liable?

In premises liability cases, such as a slip and fall or trip and fall accident, the default rule is that the property owner or owners are liable for any injuries caused by an unreasonably dangerous or hazardous condition. This is because the property owners generally bear responsibility for exercising due care and maintaining the premises in good condition and keeping it free of dangers or hazards.

If they fail to do so, an injury victim may have a viable premises liability claim.

Other parties may also be liable for a slip and fall or trip and fall accident. For example, many businesses lease rather than own the property from which they operate. Depending on the terms of the lease, the owner of the property may also be one the hook for a dangerous or hazardous condition that causes your accident.

Sometimes a property owner or business may hire another company to keep up the property. For example, a mall may contract with a maintenance company to conduct general cleaning or to maintain and repair the parking lots and sidewalks. Depending on the contractual relationship involved, a slip and fall victim may be able to hold the maintenance company liable.

Proving Liability for a Dangerous Property

Following an accident on hazardous land, you may wonder how to establish the at-fault party’s legal obligation to compensate you.

Evidence that might be essential to proving legal liability can include:

  • Accident or incident report – If your accident occurs at a place of business, it is likely the company’s policy (or its insurance company’s or risk management company’s policy) to prepare an accident or incident report that details the facts and circumstances. The report may be useful in your claim if the business or property owner later tries to deny that a dangerous or hazardous condition existed.
  • Surveillance video – When a slip/trip accident occurs inside a store, restaurant, hotel, or other business, surveillance cameras might be trained on the spot where the accident occurred. The footage should confirm that you suffered a slip/trip and fall accident. It also might show whatever caused you to fall and how long the condition was there, which may be relevant to establish the property or business owner’s negligence if the condition was there long enough that the owner should have discovered and removed or fixed it.
  • Eyewitness statements – Witnesses to your accident may be helpful to confirm that you suffered an accident caused by a dangerous or hazardous condition how long the condition was left uncorrected
  • Accident scene photographs – As with surveillance video or eyewitness statements, accident scene photographs might capture details such as the condition that caused you to fall, along with whether the hazard was obstructed from view, what may have caused the condition to form, or whether any warnings were posted.

Our Baton Rouge premises liability attorneys can take charge of gathering this and other types of evidence to build the most convincing claim possible.

How Much Is a Premises Liability Claim Worth?

If you have been injured on dangerous property, you may deserve compensation for your injuries and financial losses.

Some of the damages that you could be entitled to recover include:

  • Medical expenses, including hospital stays, surgeries and other medical procedures, doctor’s visits, prescription medication, physical rehab and therapy, mobility equipment, and even home modifications to accommodate any physical restrictions or disabilities
  • Lost wages if you miss work during your recuperation
  • Lost earning capacity when your injuries indefinitely or permanently prevent you from returning to your job, and you suffer a reduction in pay as a result, you may be entitled the difference between your pre-accident and post-accident income
  • Pain and suffering, which is the emotional and physical anguish or distress brought about by your injuries
  • Lost quality of life, which can result from disabilities or disfigurement, from the inability to perform tasks of daily living, or the inability to participate in activities and events you enjoyed prior to your injuries
  • Loss of consortium/loss of companionship, which compensates your spouse or your immediate family for the loss of your companionship, care, guidance, or services to the household

Let our skilled Baton Rouge premises liability attorneys carefully evaluate your damages and then seek monetary compensation on your behalf.

How Our Baton Rouge Premises Liability Attorneys Can Help

If you have been hurt because of a landowner’s negligence, Tomeny | Best Injury Lawyers is equipped to take charge of the effort to secure the compensation you need and deserve. Our Baton Rouge premises liability lawyers can thoroughly and independently investigate your accident, thereby preserving important evidence such as surveillance video, photographs, and accident or incident reports.

While you focus on recovering from your injuries, we’ll aggressively negotiate with the at-fault party or insurance company to seek a full and fair settlement. We won’t advise you to accept any settlement unless it provides appropriate compensation.

If necessary, we are prepared to file a slip and fall lawsuit to pursue justice in your case. We will be ready to forcefully and persuasively advocate on your behalf to seek a ruling in your favor. To set up an appointment, call us or contact us online.

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Choosing an attorney may be the most important decision you ever make. When you contact Tomeny | Best Injury Lawyers, we will listen to your story, go over your legal rights, and answer all your questions. You will leave our meeting knowing that you have made the right decision for you, your future, and your family.



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