What is Premises Liability?

In premises liability suits, landowners and leaseholders, whether individuals or businesses, owe a duty to their guests and customers to make sure that their property is reasonably safe.

Premises liability cases are often referred to as “slip and fall” cases. However, there are other circumstances besides those involving slipping and falling that trigger premises liability. Premises liability cases can include injuries caused by:

• Falling into holes or ditches;
• Tripping over uneven, unstable, or crumbling pavement or flooring;
• Falling objects or collapsing structures;
• Colliding with hanging or protruding objects;
• Falling from unguarded or inadequately guarded heights, such as stairs, ramps, or balconies;
• Falling on uneven or poorly designed ramps or stairs;
• Hitting or tripping over objects in cluttered walkways or hallways;
• Falls due to insufficient lighting;
• Defective furniture or building appointments; and
• Other causes.

How Do I Know if I Have a Good Case?

To make a successful claim of premises liability for your injuries, you need to show that:

• A hazardous condition existed on the property
• The injury you suffered was caused by the hazardous condition
• You actually suffered damages, for example, medical costs, pain and suffering, loss of income, and so on.

Also, under Louisiana law, you must have been on the premises by direct or implied invitation; if you were a trespasser, such as a thief, you are not owed a duty of care.

Is the Owner of the Property Always Liable?

To be liable, the proprietor must have either known or else should have known, about the dangerous condition that caused your injury.  In other words, if a proprietor takes care of his property and its structures, and there is no reasonable way for him to have discovered the existence of a hazard, he won't be held responsible.  If a proprietor is aware of a hazard, he must take steps to minimize it:  he must repair the condition, warn others of the condition, or install a barrier to keep people away from the condition.  Yet, even if a property owner has taken some steps to prevent injury, you may still be able to make a premises liability claim if you can show that the steps taken were inadequate or unreasonable under the circumstances.

In contrast, a proprietor may not be liable even if a dangerous condition exists if he can show that you knew of the hazard but failed to take reasonable care.  For example, if a customer sees spilled oil in a grocery store aisle and decides to run and slide down the aisle but injures himself ramming into a shopping cart, the proprietor can show that it was not his breach of duty that was the cause of the injury.

If You Have Been Injured on Someone Else’s Property, Tell Us Your Story.

Determining whether you have a good case requires careful analysis of all of the facts and circumstances. Even a case that may seem “open and shut” is not always so simple. If you have been hurt on someone else’s property, it is important for you to consult an experienced and knowledgeable Louisiana personal injury lawyer to determine if you have a viable case and, if the case is sound, to represent you in pursuing compensation.

Our attorneys have over a decade of experience representing personal injury clients, including those suffering after being hurt on somebody else’s property.  To obtain a free case evaluation, contact the Finch Davis Law Firm toll-free at 888-443-1766, locally in Baton Rouge at 225-925-9368, or use our online contact form below.