Injuries occur on private property every day. When the owner fails to take reasonable steps to protect their visitors from harm, they can be held liable through a civil lawsuit. At Tomeny | Best, we understand what goes into building a winning case for compensation against a careless owner.
Before securing a settlement or trial verdict, you must determine negligence in Baton Rouge premises liability cases. This involves developing evidence that the other party failed to take reasonable steps to protect you from harm. A skilled premises liability attorney could help you with every aspect of the litigation process.
Dangerous Factors That Can Lead to an Accident
Many hazards can result in a severe injury on another person’s property. Some of the most common examples include the following:
- Potholes
- Loose stairs
- Animal attacks
- Abandoned wells
- Spilled chemicals
- Empty swimming pools
- Exposed electrical cords
A person bringing a claim to recover damages in Baton Rouge premises liability cases must show that the other party was negligent. This includes proving that the property owner or occupier failed to take reasonable steps to protect a guest from these hazards.
Whether or not a person’s efforts to address a hazard are reasonable will vary based on the circumstances. A property owner has a greater obligation to someone they invite onto their property compared to a trespasser.
Understanding the Duty Owed to Visitors
Before a person bringing a claim can prove negligence in a Baton Rouge premises liability lawsuit, they must first identify the duty owed to them by the defendant. The relationship between the two parties is important, as it will determine the extent of the obligation owed. At Tomeny | Best, our well-versed could review the facts of the case before advising the injured party on their potential recovery.
All visitors to another person’s property are divided into three distinct groups: invitees, licensees, and trespassers. Some groups are entitled to greater protections under the law than others.
Invitees
A person is considered an invitee when they are on another individual’s property for their benefit. The most common example of this is a customer in a store. The owner must take reasonable steps to address dangerous hazards and provide warnings about these conditions.
Licensees
Licensees enter someone else’s property without permission but do not enjoy the same degree of protection as the invitee. This is because they are on the premises for their purposes, like when someone attends a house party at a friend’s or neighbor’s home. Property owners must warn licensees about known hazards, but they are not obligated to inspect the premises for dangers on their behalf.
Trespassers
Unlike the other two, property owners do not typically owe a duty of care to someone who enters their premises without authorization. Property owners and occupiers do not owe a trespasser any duty to warn them of hazards or protect them from harm. There are exceptions when it comes to children or intentional injuries.
Let a Baton Attorney Prove Negligence in Your Premises Liability Case
When you were hurt at someone else’s home or place of business, you might be entitled to compensation. Getting the award you deserve requires determining negligence in Baton Rouge premises liability cases, and our experienced attorneys at Tomeny | Best could help you with this process.
Contact our firm today to discuss your legal options. We would be happy to schedule a free consultation at your convenience.
