A non-merchant premises liability case is a type of personal injury claim that can arise when an injury happens on someone’s private property due to an unsafe or dangerous condition. Private property consists of property owned by non-governmental legal entities. When a private property owner is responsible for an accident on their premises, they become liable for the injured party’s damages.
If you were injured while visiting an establishment that did not belong to a business or merchant, you may be eligible for financial compensation, and a trusted premises liability attorney could fight for your rights. Do not cover your losses alone, and do not let the entity responsible for your injuries get away with their negligence. You deserve to seek accountability and justice, and a Tomeny | Best Baton Rouge non-merchant premises liability lawyer could help you understand your options.
How To Know if You Are Eligible To File a Non-Merchant Premises Liability Claim
There are many instances that could qualify for a non-merchant, or private, premises liability lawsuit. Some examples include:
- Slip and falls
- Animal attacks
- Negligent security
- Swimming pool incidents
- Electrocutions
- Falls from a height
Someone’s eligibility to file after a dangerous property accident depends on their reason for being on the property. Property visitors are legally categorized as invitees, licensees, and trespassers. Invitees and licensees have permission to be on the property, so there is a duty of care that the owner of the property must provide them.
Trespassers do not have the required permission to be on the owner’s property. In most instances, property owners do not owe a duty of care to trespassers unless the trespasser is a child. A Baton Rouge private property premises liability attorney could provide more clarity as to what an injured person’s visitor status is and whether they are eligible for damages.
What To Know About Louisiana’s Merchant Liability Statute
Louisiana Revised Statutes § 9:2800.6 encompasses what is known as the state’s merchant liability statute or what is known as commercial premises liability in other states. It contains several important elements relevant to a lawsuit against a merchant for damages sustained on their property. Under the statute, a merchant is defined as someone “whose business is to sell goods, foods, wares, or merchandise at a fixed place of business.”
Included in this definition are innkeepers whose property has areas or aspects that are similar to a merchant, such as shops, restaurants, and lobby areas within the establishment. A Baton Rouge attorney with experience in premises liability claims will be able to help a person understand if their premises liability claim qualifies as a merchant or non-merchant claim.
Understanding Different Premises Liability Claims
There are many kinds of premises liability claims. There are specific applicable standards when a person is injured on private property that is not a merchant or business. The negligence standard in these cases is similar to other states:
- The property had an unreasonable hazard on it
- The landowner knew about the hazard or could have known about it
- The hazard caused a person’s injury
- The person sustained financial harm because of their directly related injuries
Upon successfully establishing these elements, an injured person could receive damages to cover their losses. One type is special damages, which are typically receipts or monetary amounts documenting the costs of their losses. Some examples include medical bills, loss income, and repair costs. Another type of damages are general damages, which are subjective. This includes concepts like mental anguish, pain and suffering, and reduced quality of life. It is best to consult with a Baton Rouge attorney who could help prove that the other party was negligent in the premises liability accident and gauge what kinds of damages an injured person could seek.
Holding the Responsible Business Accountable in Cases of Wrongful Death
If you had a loved one pass away due to a company’s negligence while you were on their property, you may be able to file a wrongful death lawsuit. Certain family members, like spouses and children, have the right to file a wrongful death claim under Louisiana Civil Code Article 2315.2. In certain circumstances, parents, siblings, and grandparents could seek compensation for the wrongful death of their loved one. Even if they are related through adoption, the person could still be eligible to file a wrongful death claim.
However, a father or mother who abandoned the deceased during their youth is deemed ineligible. It is important to know that there is a time limit of one year from the person’s death to file their claim. A Baton Rouge private property premises liability attorney could help to make sure you meet every deadline for your case.
Call a Baton Rouge Private Property Premises Liability Attorney Today
If you or a loved one have been injured on someone else’s property, you could be able to hold them accountable for your losses. To do so successfully, you must have strong arguments and convincing evidence.
However, the legal system can be complicated. Insurance companies may be difficult to communicate with, and navigating the system on your own can be complicated during an already difficult time. A diligent Baton Rouge private property premises liability lawyer could help you file a claim and represent you in court. Call our experienced attorneys at Tomeny | Best as soon as possible for a consultation.
