When people are lawfully at a business, hotel, or other property, they have a reasonable expectation of safety. As a result, property owners must use reasonable care to guarantee that conditions on the premises are hazard-free. A property owner must caution visitors about hazardous environments. It does not matter if the business rents or owns the property because its duty of care to permitted visitors remains the same.
An experienced premises liability attorney could help you hold the property owner or management accountable. It is considered negligent when a business fails to protect people on its property. The Lafayette premises liability lawyers at Tomeny | Best are trained to successfully navigate the complexities of the legal system on your behalf.
What To Know About Premises Liability Cases
In commercial property premises liability cases, a negligent property owner is held responsible for the injuries someone sustained while hurt on their premises. Some common situations that are the foundation of these cases include:
- Mislabeled equipment
- Slip and fall accidents
- Swimming pool drownings
- Neglected elevators and escalators
- Poorly maintained walkways, stairways, and sidewalks
Business owners who do not take reasonably preventative measures to avoid possible harm could face a lawsuit. A Lafayette attorney could help a person determine the best way to hold a commercial property owner liable for any damages sustained while on someone else’s premises.
Establishing Fault in a Liability Case
To win a lawsuit, the injured person must prove that the defendant’s negligence caused their injuries. They have to show that the property owner owed a genuine duty of care that was violated, the property owner’s conduct caused their injuries, and they sustained legally recognized hurt.
For example, when a grocery store fails to put a caution sign by a puddle from a leaking roof, a person could slip and sustain a broken hip. When an attorney proves that the property owner is liable, an injured person in Lafayette could be more likely to receive damages in a premises case.
Comparative Negligence Impacts Damages
The state implements a comparative fault negligence model, which means that an injured person may still recover damages even when their negligence contributed to the accident. However, their damages will be reduced in accordance with their degree of negligence. Involved parties will have liability proportional to their proven fault.
Damages are typically special or general. Examples of special damages could include funeral expenses, property damage, and medical bills. Examples of general damages could include pain and suffering, loss of consortium, or emotional trauma. A Tomeny | Best lawyer in Lafayette with expertise in commercial premises liability cases will know how to calculate the maximum damages an injured person could seek.
Contact a Lafayette Commercial Property Premises Liability Attorney Today
When you have sustained an injury on someone else’s property, a dedicated legal professional from Tomeny | Best could advocate for you. The law protects your rights and ensures that you could recover financially from the injuries you sustained in an accident. However, time is of the essence with only a short one year period to file suit in Louisiana.
The details of your case matter to our practiced attorneys. Schedule a meeting with a Lafayette commercial property premises liability lawyer to understand your options.
