Nearly Four Decades of Premises Liability Experience on Both Sides
Louisiana law requires property owners and managers to address unreasonably dangerous conditions or provide adequate warnings when circumstances require them. If a failure to take reasonable care causes an injury, the injured party may be able to recover compensation for medical expenses, lost wages, and other damages.
These claims fall under the personal injury category known as premises liability. At The Truitt Law Firm, our attorneys have nearly four decades of experience litigating premises liability claims in Covington, the greater New Orleans area, and throughout the state of Louisiana for injured plaintiffs and property owners accused of negligence. Our experience on both sides of the courtroom allows us to anticipate opposing counsel’s arguments and evaluate liability, evidence, damages, and defenses early in a case.
Premises liability matters can arise in stores, restaurants, apartment complexes, parking areas, workplaces, pools, sidewalks, and other private or public locations. Whether a claim is viable depends on the dangerous property condition, who controlled the area, why the injured person was there, what the responsible party knew, and whether the condition caused the claimed injuries. We combine this fact-specific analysis with legal technology and AI-powered case evaluation.
Whether you’re an injured party or a property owner facing a claim, call The Truitt Law Firm at (985) 308-9946 to request a free virtual or in-person consultation. Hablamos español.
Common Premises Liability Claims
The legal analysis can differ between a merchant fall, landlord negligence claim, animal attack, inadequate security incident, and injury involving public property.
Premises liability claims can involve:
Slip-and-fall or trip-and-fall accidents. These accidents can occur when property owners fail to maintain safe conditions, such as cleaning up spills, repairing uneven surfaces, or providing adequate lighting.
Assaults and other crimes due to inadequate security. Property owners can face liability when broken locks, poor lighting, missing barriers, or other inadequate security measures contribute to an assault involving a visitor or tenant.
Unsafe sidewalks, parking lots, and public areas. Negligent maintenance of outdoor areas, including cracked pavement, potholes, inadequate drainage, or poorly marked hazards, can lead to serious injuries.
Dog bites and other animal attacks. An owner may face liability when an animal under that person’s control injures someone, particularly when evidence shows prior knowledge of aggressive behavior.
Falling debris. Injuries from objects falling from buildings, construction sites, or poorly maintained structures can result in premises liability claims when responsible parties fail to secure dangerous materials or reasonably maintain the property.
Swimming pool accidents, drownings, and near-drownings. These cases may involve inadequate barriers, missing warnings, unsafe maintenance, or insufficient supervision, depending on who controlled the pool and how the accident occurred.
Injuries in apartment complexes due to landlord negligence. Tenants may suffer injuries because of unsafe common areas, unrepaired conditions, inadequate security, broken stairs, or other hazards a landlord allegedly failed to address.
Most premises liability matters involve a condition on the property where the injury occurred, but dog bites are a notable exception. An unprovoked attack may support a claim even if it occurred away from the dog owner’s property.
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Proving or Refuting Property Owner Negligence
The burden of proof depends on the type of property and the legal theory involved. In a general premises liability matter, an injured party may need to connect an unreasonably dangerous condition to the injury, establish that the responsible property owner or manager knew or should have known about the condition, and show that reasonable corrective or warning measures weren’t taken.
An accident on someone’s property isn’t enough by itself to establish liability. Plaintiffs may need to demonstrate that the property owner had sufficient time and opportunity to discover and address the hazardous condition, which often involves examining maintenance records, surveillance footage, incident reports, photographs, prior complaints, and witness testimony.
Merchant Liability Under Louisiana Law
Louisiana Revised Statute 9:2800.6 applies specifically to certain negligence claims arising from falls on merchant premises. A claimant must establish that the condition presented an unreasonable and foreseeable risk of harm, the merchant created the condition or had actual or constructive notice before the fall, and the merchant failed to exercise reasonable care.
Actual notice means the merchant knew about the condition. Constructive notice generally requires evidence that the condition existed long enough before the incident that the merchant should have discovered and corrected it. These statutory requirements shouldn’t be applied automatically to landlord, animal attack, negligent security, or public-property claims, which may involve different duties and legal rules.
Louisiana comparative-fault principles may also reduce a claimant’s recovery when that person’s conduct contributed to the accident. Visibility of the condition, posted warnings, access restrictions, footwear, distractions, and compliance with safety instructions may become relevant, but their significance depends on the evidence.
Responsible Parties & Recoverable Losses
Responsibility may extend beyond the titled property owner. Depending on who controlled the area and created or maintained the condition, a claim may involve a tenant, occupier, property manager, maintenance contractor, security company, construction contractor, event operator, business, landlord, or public entity.
Claims involving government-controlled property can raise special notice, procedural, and immunity issues. The applicable requirements depend on the public entity involved and the facts of the incident, so deadlines and procedures should be evaluated promptly.
Recoverable losses may include:
Past and future medical expenses supported by the injury evidence.
Lost income and reduced earning capacity.
Physical pain and emotional distress.
Disability, disfigurement, and loss of enjoyment of life.
The amount and type of damages available depend on causation, medical documentation, future care needs, comparative fault, insurance coverage, and applicable Louisiana law.
Evidence Development & Trial Preparation
Because we represent both injured parties and property owners, we assess the evidence and arguments each side is likely to raise. When representing injured plaintiffs, we identify the evidence needed to establish the condition, notice, causation, and resulting losses. When defending businesses and property owners, we examine whether the allegations are supported by evidence of actual or constructive notice and whether the claimant’s conduct contributed to the accident.
Our investigation may address photographs, surveillance video, inspection and maintenance records, incident reports, employee statements, witness accounts, medical records, warning signs, property-control documents, prior complaints, and relevant contracts. Early preservation matters because physical conditions can change and surveillance footage may be overwritten.
Our attorneys have handled nearly 500 trials and have been asked to lecture on premises liability. We use that courtroom experience, legal technology, and AI-powered case evaluation to assess cases early. Settlement analysis accounts for liability proof, documented injuries, future losses, comparative fault, available insurance, and the risks and costs of continued litigation before we advise a client whether negotiation or trial preparation is appropriate.
Defending Property Owners in Premises Liability Cases
Premises liability defenses depend on the facts of the case. We may be able to show that a property owner neither knew nor had reason to know about a dangerous condition, that the injured party was trespassing, that the person entered an area not open to the public or failed to follow safety rules, or that the person understood and accepted a known risk.
A defense may also depend on how long the condition existed, whether warnings were provided, who controlled the area, whether inspection practices were reasonable, and whether the alleged condition caused the claimed injury. No defense should be assumed from the accident description alone. We evaluate the property records, physical evidence, Louisiana law, and the injured person’s conduct before recommending a strategy.
Steps to Take After a Premises Injury
Evidence can disappear quickly after an accident. An injured person should seek appropriate medical care, report the incident to a property representative when practical, photograph the condition and surrounding area, identify witnesses, and preserve relevant clothing, footwear, receipts, and communications.
A person should avoid discarding evidence, posting detailed public commentary about the incident, signing a release, or giving a recorded statement to an insurer before understanding the possible legal consequences. The appropriate response depends on the injury, the location, the parties involved, and the available evidence.
Evidence Property Owners Should Preserve
After receiving notice of an injury or claim, a property owner or business should preserve surveillance footage, incident reports, inspection logs, maintenance records, photographs, employee statements, witness information, contracts, and communications concerning the condition. Preservation should begin promptly because routine retention systems may overwrite footage or delete records.
Owners and managers should also document who controlled the area, what warnings were present, when inspections occurred, and what corrective action was taken. Our premises liability attorneys can evaluate that evidence from both the claimant’s and property owner’s perspectives when developing a response.
Get a Premises Liability Case Evaluation
An accident doesn’t automatically establish property-owner liability. Our premises liability lawyers evaluate the available evidence, potentially responsible parties, applicable deadlines, insurance issues, and whether settlement or trial preparation is appropriate. We represent injured parties and property owners, and we handle qualifying matters on a contingency fee basis.
Call (985) 308-9946 to schedule a free virtual or in-person consultation with The Truitt Law Firm. Hablamos español.
