Premises Liability Lawyers in Louisiana
Louisiana law requires property owners and managers to provide reasonably safe conditions for all individuals who use their property or to warn them if any hazardous conditions exist. If a party fails to do so and it results in an individual being injured, 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, LLC, our attorneys have nearly three decades of experience litigating premises liability claims on behalf of injured plaintiffs and representing property owners who have been accused of negligence. Our experience on both sides of the courtroom allows us to anticipate the arguments of opposing counsel and build a stronger case on your behalf.
Common Premises Liability Claims
Premises liability law could apply to a seemingly endless number of injury scenarios on private or public property. These include:
- Slip-and-fall or trip-and-fall accidents
- Assaults and other crimes suffered as the result of inadequate security
- Unsafe sidewalks, parking lots or other public areas
- Dog bites and other animal attacks
- Falling debris
- Swimming pool accidents, drownings and near-drownings
- Injuries in apartment complexes due to landlord negligence
Most premises liability matters need to occur on a dangerous property itself, but dog bites are an exception. If you were the victim of an unprovoked attack by someone else’s dog, the incident would still be actionable even if it occurred outside of the dog owner’s property.
The Details Matter When Proving Or Refuting Property Owner Negligence
At The Truitt Law Firm, LLC, our experienced personal injury lawyers advocate aggressively for plaintiffs or defendants in premises liability cases. Over the years, businesses have become targets for manufactured premises liability lawsuits. A person slips on a wet floor at a grocery store and the immediate response is to sue for damages. Louisiana law states that an injured party must show three elements to win a premises liability lawsuit:
- A dangerous condition existed that led to an injury
- The property owner or manager knew or should have known about the condition
- The property owner or manager took no action to eliminate the dangerous condition
We advocate aggressively for individuals who have legitimate premises liability lawsuits. The fact that these cases have taken a public relations hit because a number of bogus premises liability claims are filed doesn’t mean that legitimate cases don’t exist.
We will review the facts of your case during a free, no-obligation consultation and provide a straightforward assessment. We maximize the amount that injured parties recover in personal injury cases, oftentimes reaching a settlement without the need to litigate. On this page, we answer some frequently asked questions regarding these cases.
Defending Clients In Cases Without Merit
Our firm also has one of the strongest track records of success defending businesses in premises liability cases. We have been asked to lecture on the topic of premises liability because of our extensive experience in this area of law. Our thorough knowledge of Louisiana personal injury laws allows us to identify the weaknesses of a case and develop an effective defense strategy. Knowing both sides of case helps us represent all types of clients in court.
We are always prepared to litigate – our attorneys have taken nearly 500 cases to trial. We are skilled at accurately assessing cases early in the process and recommending to our clients whether to settle or proceed to trial.
Speak To An Experienced Premises Liability Attorney
The Truitt Law Firm, LLC, invites you to contact us to schedule a free initial consultation in which we will review the facts of your case and recommend the best course of action. We work with clients throughout Louisiana from our offices in Covington and Metairie. We work with plaintiffs on a contingency fee basis, which means you will only pay attorney fees if we obtain a recovery for you. Call us at 985-273-0900 or reach out online to get started.
Let Us Answer Your Premises Liability Questions
If you or a loved one is injured due to negligence on the part of a property owner or manager, you may be able to recover compensation through a premises liability lawsuit. Along with car accidents, these cases are among the most common personal injury lawsuits. Many fall into the category of slip-and-fall or trip-and-fall accidents, which can cause serious and even permanent physical injuries to individuals.
At The Truitt Law Firm, LLC, we represent injured parties in the full spectrum of premises liability lawsuits. We also have a strong track record of successfully defending businesses, property managers, landlords and other parties in premises liability cases.
- What is required to prove fault in a premises liability lawsuit?
- What steps can an injured party take to strengthen their premises liability case?
- What types of compensation can I recover in a premises liability lawsuit?
- How long do I have to file a premises liability lawsuit?
- What are the legal fees for representing a party in a premises liability lawsuit?
- How can a premises liability lawsuit be successfully defended?
What is required to prove fault in a premises liability lawsuit?
To prove that another party is liable for an injury that occurred on their property, it must be shown that negligence was the cause. This involves showing that:
- The condition of the property was dangerous when the accident occurred
- The injury was caused by the dangerous condition
- The owner or property manager knew (or should have known) the dangerous condition existed and failed to warn visitors about the danger and take steps within a reasonable amount of time to repair or otherwise eliminate the dangerous condition
These elements can be more complex than they might seem. That’s why it is important to work with a skilled and experienced attorney like those at our firm.
What steps can an injured party take to strengthen their premises liability case?
There are important steps an injured party should take after being hurt on commercial or public property, or at someone else’s residence:
- Report the injury to the property owner or manager
- Seek medical attention promptly for your injuries
- Take photos and write down as much information about the scene as possible
- Get names and contact information of anyone who witnessed the accident
The final step would be to contact an attorney before you speak further with the property owner or any insurance company.
What types of compensation can I recover in a premises liability lawsuit?
Knowing what can be recovered in a premises liability case is essential to maximizing the amount you obtain. That is why hiring a knowledgeable and experienced personal injury lawyer is important. We may be able to help you seek compensation for:
- All current and future medical expenses, including transportation costs to and from medical appointments
- Lost wages that directly result from the injury
- The cost of hiring help to complete household jobs that you are unable to perform
- Damages for pain and suffering
- Damages for loss of enjoyment of life
- Funeral expenses and other damages that can be recovered in wrongful death lawsuits
While some damages have a direct cost that is easy to calculate (such as the costs of past and current medical care), other damages are more difficult to calculate. Thankfully, our attorneys have decades of experience and can help you fairly value all aspects of the case.
How long do I have to file a premises liability lawsuit?
Acting promptly after an injury caused by someone else’s negligence is important for many reasons. Louisiana law allows injured parties one year after the date the injury occurs to file a personal injury lawsuit. There are exceptions to this timeline, however. For example, the statute of limitations may be extended for a person under age 18. Also, if an injury results from a product defect that is discovered beyond the one-year time frame, you may still be able to file a personal injury lawsuit.
What are the legal fees for representing a party in a premises liability lawsuit?
As with most personal injury lawsuits in which we represent injured parties seeking compensation, we accept these cases on a contingency fee basis. That means there are no upfront costs, and we only get paid if we help you obtain a recovery. Our fees are paid as a predetermined percentage of the total amount we help you recover. In cases where we represent the defendant or alleged at-fault party, we work on our regular hourly fee basis.
How can a premises liability lawsuit be successfully defended?
Every personal injury lawsuit is different depending upon the unique facts of the case. However, there are common defenses that can be used. These include:
- The property owner had no knowledge of or reason to know about the dangerous condition
- The injured party was trespassing on property they had no legal right to be on
- The injured party did not follow safety rules or was on a part of the property that was not open to the public
- The injured party accepted an assumption of risk by being fully aware of any dangers, understood the risks and accepted those risks by coming on the property
When we take your case, we will explore all possible arguments to maximize your chances of a successful defense.
Contact Us To Discuss Your Injury Case
Whether you have been injured due to someone else’s negligence or have been named in a personal injury lawsuit, we welcome the opportunity to review the facts of your case and recommend a course of action. Call 985-273-0900 or use our online contact form to schedule a consultation.