Any time someone allows other people to visit their property for business purposes or for any other reason, that property owner takes on a “duty of care” requiring them to keep their land in reasonably safe condition and protect visitors from accidental harm. Any landowner who fails to fulfill this “duty” may hold civil liability for any injury which their “negligence” directly results in, including both economic and non-economic losses caused by that injury.
Unfortunately, this type of claim can be extremely difficult to pursue, especially without guidance from a knowledgeable personal injury attorney. If you were hurt recently by a dangerous condition on another person’s land, help from a Prairieville premises liability lawyer could be essential to getting the comprehensive compensation you deserve.
Establishing Grounds to File a Premises Liability Claim
Landowners in Louisiana are not automatically liable for every injury that another person sustains on their property. In fact, the exact “duty of care” that a landowner owes to a visitor changes significantly depending on the visitor’s reason for being on that land. For example, landowners have basically no duty to protect adult trespassers from accidental harm, and while they are expected to warn all lawful visitors about hazards already known to the landowner, they may not be liable in every situation for hazards they were not yet aware of as the landowner.
For this reason, it can be vital when filing a premises liability claim to establish not only that the injury the claim is built around stemmed directly from a specific dangerous condition, but also that the owner of that property knowingly or irresponsibly failed to fulfill their duty to address that hazard in a timely fashion. For instance, a store owner might not be liable for a fall caused by a spill in a store aisle that happened a few seconds prior to that fall, but they might be liable if that same spill had occurred several hours prior without any store employee noticing or addressing it.
It can also be important to show that the person filing this sort of claim was not negligent in a way that contributed to causing or unnecessarily worsening their injuries. Otherwise, as a Prairieville property liability attorney could further explain, Louisiana Civil Code §2323 would allow a court to proportionately reduce that injured person’s total available compensation based on their share of “comparative fault” for their accident.
Recovering Fairly Within Filing Time Limits
Another potential legal roadblock worth knowing about in advance is the statute of limitations for premises liability claims and most personal injury cases in general. As per LA Civ. Code §3492, most people who get hurt through another person’s negligence have one year at most after sustaining their injury in the first place to begin any civil lawsuit they ever intend to file over it.
It is vital to move quickly after a dangerous property accident. Support from a premises liability lawyer in Prairieville can be key to identifying, assigning a fair value to, and demanding comprehensive compensation for damages like lost working ability, future medical bills, and lost overall quality of life that will not fully manifest until well after this filing deadline passes.
Speak with a Prairieville Premises Liability Attorney Today
Going onto someone else’s property should hardly be a risky proposition, especially if that person is the responsible landowner that state law requires them to be. However, in the event you do end up getting hurt due to a property owner’s negligence, there is assistance available from capable legal professionals with experience helping people like you through situations much like yours.
A conversation with a Prairieville premises liability lawyer at Tomeny | Best Injury Lawyers could give you much-needed answers to important questions as well as confidence about your next steps in the legal process. Reach out to our office today to schedule your free initial consultation. You do not owe us a penny unless we win for you.
