DISCUSS YOUR CASE WITH LOUISIANA PREMISES LIABILITY LAWYERS

If you’re injured as the result of a property owner’s negligence or carelessness, you shouldn’t have to cover your medical bills and lost wages. Talk to the experienced Louisiana premises liability lawyers at Domengeaux Wright Roy & Edwards.

Premises liability is an area of personal injury law in which the party responsible for the safety of others on a particular piece of property or in a building is responsible for any injuries or death suffered by someone who is present on the property.

Potential premises liability cases include:

• slip and fall or trip and fall accidents
• dog bites or attacks,
• negligent security,
• unsecured pools,
• unsafe stairwells, railings or handrails or
• inadequate lighting.

In the broadest terms, the legal concept of premises liability is that an owner or operator of a facility has the duty to exercise reasonable care for the safety of persons on his premises and the responsibility to not expose people to unreasonable risks of injury or harm.

You shouldn’t have to worry that a business or property that you are visiting is safe. Unfortunately, property owners don’t always uphold their responsibility to keep their guests, customers and visitors safe. It can lead to serious injuries.

In premises liability law in Louisiana, a property owner “is answerable for damages only upon showing that he knew, or in the exercise of reasonable care, should have known of the vice or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise reasonable care.” The plaintiff may have to prove the following:

• Ownership of the building
• The owners knew, or, in the case of reasonable care, should have known of the ruin or defect
• The damage could have been prevented by the exercise of reasonable care
• Causation

The finding of owner’s negligence is a fact-specific process in each case. It is vital to have an experienced lawyer in these cases. At Domengeaux Wright Roy & Edwards, our Louisiana premises liability lawyers fight for people who have been injured in these situations.

In a premises liability case where the plaintiff is found to be at fault, the injured party can still get compensation, but the amount of payment they can receive will be reduced corresponding with what is found to be their share of the fault. For instance, in a slip and fall accident where a person who is injured but failed to notice a sign of a wet surface or loose floor.

Louisiana’s “comparative negligence” rule applies to situations like this. It will determine how much compensation you can still receive if you were at all negligent in connection with the accident.

This is indicated in Louisiana Civil Code Article 2323. This statute includes: “If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.”