When you go to someone else’s property, it is not unreasonable for you to expect not to get injured. However, sometimes a seemingly ordinary visit to a store in Louisiana, for example, can end up leading to a trip to the emergency room if you suffer a slip-and-fall injury. Fortunately, if your injury was the result of the carelessness of the property owner, then you have the right to take legal action through the civil court system.
How do I win a lawsuit alleging premises liability?
A slip-and-fall accident may quickly happen if you step on slick oil in the parking lot of a property or if you step on water on a grocery store floor that should have been removed, for instance. However, winning a premises liability claim is possible only if three elements are shown, according to Louisiana law. The first element is that there was a dangerous condition that resulted in the injury. The second element is that the manager or owner of the property was aware of or should have been aware of the dangerous property condition. The third element is that the manager or owner of the property did not take the necessary action to get rid of the hazardous property condition.
Seeking damages
If you have been injured on reportedly dangerous property, you may decide to file a legal claim, seeking the reimbursement of monetary damages sustained. A monetary award may help you to cover your hospital bills and other medical expenses, such as physical therapy, related to your slip-and-fall accident. Monetary damages might also help you to cover the loss of wages due to having to miss work to receive medical treatment and recover from your injuries. Liability has to be established to the satisfaction of the civil court hearing the case before claims for damages will be adjudicated.
Comparative fault
In your slip-and-fall case, perhaps the property owner asserts that you contributed to your accident by not exercising a reasonable degree of care. According to the comparative fault system, if the court in Louisiana determines that you are partially at fault for what took place, your recovery might be reduced or limited. For instance, if it was determined that you were 25 percent liable for your accident, and the full damage amount was $20,000, then you would receive just $15,000. A knowledgeable attorney can walk you through the claim process and provide you an estimation of the outcome of your specific case.
