New Orleans Premises Liability Lawyer

Premises Liability Attorney in New Orleans, LA

Accidents can happen unexpectedly, even when visiting someone’s property or a public place. Suppose you have suffered an injury due to negligent maintenance, inadequate security, or dangerous conditions on the premises. In that case, you deserve justice and fair compensation. A New Orleans premises liability lawyer can help you hold negligent property owners accountable and pursue the compensation you deserve.

Why You Should Work With Hammond Law Firm, LLC

At the Hammond Law Firm, LLC, our personable and professional legal team is familiar with the intricacies and nuances of premises liability injury claims. The state of Louisiana has strict standards regarding premises liability claims.

The attorneys at Hammond Law Firm, LLC have years of trial experience, giving us insight into what evidence and arguments are successful when it comes to premises liability cases. Our New Orleans personal injury attorneys can handle all aspects of your case, including the investigation of accident evaluations, medical records about any treatments received, witness interviews, and hiring of professionals to prepare the strongest case for your premises liability claim.

Types of Premises Liability Cases We Handle

Whether you were assaulted in a poorly lit hotel parking garage near Canal Street or slipped in a Garden District restaurant due to greasy floors, we have the knowledge and experience to hold negligent property owners accountable.

We handle general liability accidents in various settings, such as stores, restaurants, and public spaces. We hold negligent property owners accountable, gathering evidence to build a valid case and secure fair compensation. Our attorneys evaluate your case, consult relevant recognized authorities, and develop a compelling legal strategy to pursue fair compensation.

One common location for premises liability accidents is hotels. Claims against hotels can be caused by hazards due to bedbugs, inadequate security, slip and fall hazards, and other unsafe conditions. We investigate thoroughly, identify the responsible party, whether a manager, hotel owner, or company, and seek compensation for your injuries and related damages.

No matter what type of premise liability case you are facing, choose Hammond Law Firm, LLC for compassionate, personalized attention and aggressive personal injury premises liability lawyers.

Understanding Premises Liability Laws in New Orleans

According to Louisiana’s premises liability laws, it is the responsibility of the owners of private, public, and commercial establishments to ensure that their premises are safe for their patrons, visitors, customers, and employees. Unreasonably unsafe conditions must not exist that could lead to injuries.

Spilled water on the floor, a staircase in disrepair, and inadequate lighting can all lead to severe injuries to unsuspecting patrons. These issues could be grounds for a premises liability claim if it can be shown that a tenant or property owner could have rectified the conditions that led to a preventable injury.

There are many different accident types that are covered by Louisiana’s premises liability laws. Some common accidents we help victims recover from at Hammond Law Firm, LLC, include:

• Slip and fall accidents. In one year, over 8.8 million people received emergency room care for fall-related injuries.  These occur when a person trips, slips, or falls due to hazardous tactile visible conditions such as wet floors, uneven surfaces, inadequate lighting, or walkway obstacles.
• Negligent security. The property owner may be liable if an individual is harmed on someone’s property due to inadequate security measures, such as a lack of proper lighting, broken locks, or a lack of security personnel.
• Unsafe structures. Property owners must maintain their premises in a safe condition. Injuries resulting from hazards such as broken stairs, faulty handrails, unsafe construction, or hazardous substances can lead to premises liability claims.
• Dog bites. Approximately 4.5 million people are bitten by dogs a year in the United States. Suppose a property owner fails to control their dog or provide adequate warnings about its aggressive behavior, resulting in a dog bite or attack. In that case, they may be held responsible for the injuries.
• Swimming pool accidents. Each year, there are about 6,300 pool or spa-related emergency department visits due to nonfatal drowning injuries. Property owners with swimming pools are responsible for maintaining proper safety measures, including secure fencing, warning signs, and adherence to pool regulations.

Building owners can be held accountable if someone sustains personal injuries due to neglect of necessary repairs or a defect in the building’s original construction. At Hammond Law Firm, LLC, we are capable of assisting with all types of premises liability cases arising from dangerous properties.

What Injuries Result from Premises Liability Accidents?

If you have suffered an accident on someone else’s property, you might suffer abrasions and bruising and might need a visit to the ER for medical attention. More severe forms of injuries can include the following:

• Broken bones
• Traumatic brain injuries (TBI)
• Spinal cord injuries (SCI)
• Soft tissue injuries
• Internal trauma

These injuries can involve lengthy, costly, and painful recovery processes for which you may be entitled to compensation. A New Orleans premises liability lawyer can help you file a claim to recover compensation to make up for the pain and suffering, as well as the financial cost of medical treatment relating to your injuries.

What Should You Do Immediately After a Premises Liability Accident

If you have been injured in a premises liability accident, there are several steps you should take to tend to your health and protect your ability to file a claim. You should:

• Get medical care. Immediate medical attention can prevent your injuries from worsening and help you recover. Even if you do not notice any significant injuries, it is still a good idea to be evaluated by a medical professional, as many injuries, such as traumatic brain injuries or soft tissue injuries, may take time to fully develop. Additionally, receiving medical care creates a record of your injuries that can be used as evidence.
• Report the accident. Promptly notify someone on the property about your injury. This could be the landlord, manager, property owner, or another authority figure who can notify the property owner about the event. Requesting a written incident report can provide additional evidence when filing a claim, detailing how and when the accident occurred. Request a copy of any reports made.
• Document the accident scene. Take photographs and videos of the accident scene. Capture multiple angles and different elements of the scene, as it is always better to have a surplus of evidence. Be sure to document the property hazard that caused the accident, such as wet floors, poor lighting, broken stairs, and the lack of warning signs. Also, take photographs of any visible injuries you have suffered.
• Gather witness contact information. Anyone who saw the accident or other people who have also noticed the hazard can be a valuable witness. Collect their names and contact information. Your lawyer can speak with these witnesses, using their testimonies as evidence for your claim.
• Preserve evidence and records. Keep any documents or physical evidence from the accident scene. This includes incident reports, medical records, damaged personal belongings, clothing, and the photos you took of the accident scene.
• Avoid giving a personal statement. Insurance companies often try to settle these cases quickly to avoid legal action that may result in larger, more comprehensive awards. Avoid speaking with the property owner’s insurance without an attorney. Even if you don’t agree to a settlement, you may accidentally say or do something that can be taken out of context and used against you later.

Once you are safe and it is practical to do so, you should hire a premises liability lawyer. A lawyer can help you gather additional evidence, speak with witnesses and the property owner, and communicate on your behalf with the property owner’s insurance. They can help you take the necessary steps that set you up for a successful claim.

Determining the At-Fault Party in Louisiana Premises Liability Cases

Determining liability involves assessing the responsibilities and actions of the parties involved. In premises liability cases, the burden of proof typically rests with the plaintiff, who is the injured party. The plaintiff must demonstrate by a preponderance of the evidence that the property owner or possessor was negligent by deliberation and that this negligence caused their injuries.

Our premises liability lawyers can simplify it for you. Some key legal elements that must be considered when determining liability include:

• Duty of care. Duty of care is the first step of establishing a property owner’s negligence; it involves proving that the property owner or tenant is legally committed to the premises’ safety for visitors or occupants. This duty may vary depending on the visitor’s status (e.g., invitee, licensee, or trespasser).
• Breach of duty. This is the next step in proving negligence. You must demonstrate that the property manager or owner violated their duty of care by failing to maintain or repair hazardous conditions or adequately warn visitors about known dangers on the property.
• Causation: To prove causation, you must provide evidence that establishes that the hazardous condition or negligence of the responsible party directly caused the injuries or damages suffered by the plaintiff.
• Damages. This is the final element of establishing liability. In order to hold a property owner liable, you must be able to show that the accident led to actual, measurable damages, such as injuries or property damage.
• Knowledge or notice. This is a legal concept that says property owners must be aware of or should have reasonably been aware of the hazard in order to be liable in a premises liability case. You must prove the property owner’s knowledge about the hazard that led to your accident.
• Comparative negligence: Louisiana follows a modified comparative negligence system, meaning that the plaintiff’s negligence, if any, may affect the compensation they can recover. If you have 51% or more of the fault for the accident, you cannot recover compensation. If you have less than this amount of fault, you can file a claim, but your compensation can be reduced by your percentage of fault.

Determining liability requires a thorough investigation, gathering evidence, and evaluating applicable laws and legal precedents. It is crucial to consult with an experienced New Orleans premises liability attorney who can assess the specific circumstances of your case and build a strong claim on your behalf.

How Louisiana’s Civil Laws Make Premises Liability Cases Legally Complex

In Louisiana premises liability cases, several legal facts must be considered before you file a claim. Since Louisiana Law differs from other states, these nuances are all the more reason to enlist the legal assistance of our personal injury attorneys. They include:

• Open and obvious doctrine. Louisiana follows the “open and obvious” doctrine, which means that property owners may not be liable for injuries resulting from apparent dangers that a reasonable person would have noticed and avoided. However, this does not absolve the property owner of their duty to maintain the premises in a safe condition.
• Recreational use immunity. Louisiana provides limited immunity to property owners who publicly open their property for recreational purposes, for example, hiking or boating. Under certain circumstances, property owners may be shielded from liability for injuries sustained during recreational activities.
• Governmental immunity. When a government entity owns the property in question, there may be additional considerations and limitations on liability. Governmental immunity laws may apply, and specific procedures must be followed when filing a claim against a government entity.

Orleans Parish also has several legal precedents that can impact a premises liability claim, even if they are not written into law.  It is important to hire a premises liability lawyer in Louisiana to navigate these nuances and understand how they may impact your case. At Hammond Law Firm, LLC, we can explain how these precedents, premises liability laws, and judicial discretion could affect your claim and can build a legal strategy that addresses these nuances.

Why You Should Hire a Premises Liability Lawyer After an Accident

A New Orleans premises liability lawyer can confirm that your claim successfully establishes a property owner’s negligence. To do this, they can collect and carefully analyze evidence from the case. Valuable evidence a lawyer may include in your claim could be:

• Photographs and videos of the accident scene, property hazard, and visible injuries
• Police reports
• Incident reports
• Witness statements
• Surveillance camera footage
• Maintenance and repair logs
• Medical records

Pursuing your case without competent and proven legal representation could mean you may not receive appropriate compensation for your injuries. A lawyer can fully evaluate your damages to calculate a fair award. Then, they can negotiate with insurance companies to reach this amount. Their support when determining compensation can prevent you from accepting a settlement that is too low, which may leave you with lingering financial expenses.

FAQs

What Are the Notice Requirements for Premise Liability Cases in New Orleans?

The injured party is required to notify the property owner or possessor of the dangerous condition within a reasonable time. As soon as possible after the accident, it is important to inform the responsible party promptly. Delaying or failing to provide notice may result in losing your legal rights to seek compensation for your injuries and damages. If you report too late and file your claim after the two-year prescriptive period, your claim is no longer valid.

Can You File a Claim If You Were Injured on a Friend or Family Member’s Property?

Yes, you can. Homeowners, including those who are also family and friends, have the same responsibility to maintain a safe environment for visitors as other property owners. It’s important to remember that your claim is typically filed against the property owner’s insurance policy rather than directly against your friend or family member. Having a premises liability attorney can help you navigate the legal process while maintaining your personal social relationships.

Are Businesses Always Liable for Injuries That Occur on Their Premises?

Businesses can be held liable for injuries occurring on their premises if they were negligent in maintaining a safe environment. However, the specific circumstances of each case determine the liability. For example, they may not be liable if they were unaware of the hazard. It’s essential to consult with adept premises liability lawyers to assess the details of your situation and determine the business’s potential liability.

What If You Signed a Waiver or Release of Liability Before the Incident?

In Louisiana, liability waivers are generally unenforceable. So, suppose the negligence or misconduct of the property owner contributed to your injuries. In that case, you have every right to file your personal injury claim. However, the waiver or release may be used as evidence that you knew the risk. A New Orleans premises liability attorney can help you understand whether you can file a claim and can build a case to address the defense that you signed a waiver.

What Damages Can Be Included in a Premises Liability Claim?

You can include any economic and non-economic damages you have suffered in your claim, so long as they were directly caused by the accident. Common economic damages victims suffer from include medical bills, lost wages, loss of earning potential, and property damage. Non-economic damages can be more difficult to quantify, but are still important to include. They include pain and suffering, scarring, permanent disability, or lowered quality of life.

Contact Our New Orleans Premises Liability Attorneys Today

If you or someone you know has been injured in a slip/trip and fall accident or in any other manner while legally on private, public, or commercial property, you may be entitled to compensation for your injuries in the form of a premises liability claim.

The personal injury attorneys at Hammond Law Firm, LLC, have successfully represented many clients involved in this type of injury accident, and we can help you, too. Past outcomes don’t guarantee future results, but the chances of receiving the appropriate level of compensation for your injuries dramatically improve with experienced legal representation on your side.

Contact Hammond Law Firm, LLC in New Orleans, LA, for a free consultation and review of your potential case today.