Frequently Asked Questions Regarding Premises Liability Lawsuits
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 personal injury 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. On this page, we answer some frequently asked questions regarding these cases.
What is required to prove 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.
What steps can an injured party take to strengthen a premises liability case?
There are important steps an injured party should take after being injured 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.
- Contact an attorney before you speak further with the property owner or any insurance company.
What 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. You may be able to 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
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. 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. 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 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 to the property
Let Us Review The Facts Of Your Injury Incident
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.