A sudden accident on another person’s property can quickly change your life. Depending on the severity of your injuries, it may result in costly medical bills and other unexpected expenses. When you are hurt on another person’s property, you have the right to seek compensation for any harm you might have sustained.
Getting help from an experienced premises liability attorney from Tomeny | Best is crucial so you do not need to go through the legal process alone. Our legal professionals could help you pursue damages in an Iberville Parish premises liability case and ensure that compensation for your injuries is just.
How Merchant Liability Might Apply
The location of the accident can make a difference in proving the liability of the premises owner.
Merchant Liability
When a fall happens in a retail store where a merchant sells goods, food, or merchandise, the rules outlined in Louisiana Revised Statutes § 9: 2800.6 apply. Merchants must use reasonable effort and care to keep their floors and aisles in reasonably safe conditions and keep the premises free of hazardous conditions.
If someone falls because of a dangerous condition on a merchant’s premises, a person brining a claim must prove the following:
- The condition presented a foreseeable yet unreasonable risk of harm
- The merchant created or had constructive notice or actual knowledge of the risky situation
- The merchant did not exercise reasonable care regarding the hazardous condition
A qualified local attorney could help a person meet the burden of proof outlined in the statute.
Non-Merchant Liability
When an accident occurs in a residential building or a place of business that is not a merchant, such as an office building, the merchant liability statute is not applicable. Instead, a court would consider the visitor’s status on the property where the accident occurs. If the visitor is a licensee, which is a legal visitor like a social guest, the property owner owes them a duty of care to warn them about known hazards.
Potential Recoverable Damages
When someone is involved in an accident at another person’s place of business or house, they can experience a wide range of losses. They might be entitled to collect both special and general damages.
Special Damages
People injured in premises liability accidents often need extensive medical treatment to address their physical injuries. After their initial hospitalization and treatment, they might need continuing care or need to take time away from work while they recuperate.
Our well-practiced legal team in Iberville Parish could help an injured person pursue special damages for their economic losses for a premises liability claim.
General Damages
Injured people could also pursue general damages for their losses, which are not as easy to quantify and include factors for their pain, mental anguish, scarring and disfigurement, and diminished quality of life.
Although general damages have no set value, our skilled lawyers can help you build a solid compensation claim.
Contact a Plaquemine or Iberville Parish Attorney About Seeking Damages for Your Premises Liability Claim
Sudden accidents can take an immense toll on you and your family. You need to focus on getting better to have the best chance of resuming a productive life. An experienced legal team could maximize your chances of receiving a favorable award for damages in an Iberville Parish premises liability case.
Contact the well-versed lawyers at Tomeny | Best today. We would be happy to set up a free consultation to discuss the details of your case.
