Is there a condition or activity on land or in a building that caused an injury?  If so, a key question to determine liability is whether the owner or person responsible for the property could have done something differently that would have prevented the injury.

Owning and maintaining a property is a big responsibility. Anyone who fails to live up to this responsibility may put their visitors at risk and leave themselves open to a lawsuit.

If you believe your accident was caused by a neglectful New Orleans property owner, you could seek compensation from them. A premises liability lawyer near you may be able to file a personal injury lawsuit and help you get the compensation you deserve.

What is Louisiana Premises Liability?

Generally, to prevail on a premises liability case under Louisiana Civil Code Articles 2317, 2322 and/or 660, the plaintiff must prove the owner or occupier of the land owed the plaintiff a duty to exercise reasonable care, defendant breached that duty through action or inaction, defendant’s breach is both the factual and legal cause of plaintiff’s injuries and that plaintiff suffered an injury.

Premises liability cases can be difficult to pursue because many elements need to be proven in each case, and these elements change depending on the location of the accident. There are different legal standards that apply for merchants, publicly owned property, and privately owned property. Due to the complicated nature of these cases, an experienced New Orleans premises liability lawyer is needed.

Types of Premises Liability Accidents

A New Orleans premises liability accident victim must prove the owner or manager of the property knew or should have known about a potential hazard and did nothing about it. Potential hazards may include:

• Broken stairways
• Lack of handrails
• Wet floors
• Slippery surfaces
• Torn/ripped carpeting
• Overgrown grass or hedges
• Landscape hazards
• Loose dogs
• Mismanaged construction sites
• Lack of warning signs regarding potential hazards
• Negligent security
• Poor lighting

Common Premises Liability Injuries

Many types of injuries can potentially occur on someone’s property. A New Orleans premises liability attorney can help you pursue damages against a property owner if you sustained one of these common injuries:

• Concussion
• Laceration
• Burn injury
• Broken bones
• Torn ligaments
• Whiplash
• Brain injury
• Back injury
• Wrongful death
• Psychological trauma

Recoverable Damages in a New Orleans Premises Liability Case

Accidents can affect your life in many negative ways. You may have painful or permanent injuries that require expensive treatments. You may have to take time off of work to recover or give up your employment altogether. You may have even lost a loved one in the accident.

You may be able to seek compensation for your damages in a personal injury or wrongful death lawsuit. In a Louisiana premises liability lawsuit, recoverable damages may include:

• Medical expenses
• Lost income
• Future lost income
• Loss of employment
• Pain and suffering
• Disability
• Loss of wages

Contact an experienced New Orleans premises liability attorney near you if your accident was caused by someone else’s negligence. Lavis Law Firm offers free consultations and you won’t pay a fee if we don’t win your case. 

Recent Louisiana Premises Liability Case – Trampoline Park

The Louisiana Supreme Court recently addressed whether an indoor trampoline park could compel arbitration according to an agreement signed by the parent of a minor injured while jumping on a trampoline.  In this decision, the court reviewed rules of contract law and examined the specifics of the location and the wording of the arbitration clause to find that in fact it was adhesionary and unenforceable.

Sky Zone Lafayette is an indoor trampoline park, and patrons must complete a “Participant Agreement, Release and Assumption of Risk” before participating in the facilities at Sky Zone.  The Agreement has a clause that compels arbitration and waives the participant’s right to a trial.

The plaintiff in this case completed the Agreement before her husband took their son to Sky Zone. Their son was injured on a trampoline, and the family brought a lawsuit against Sky Zone, individually and on behalf of their son.  They alleged that Sky Zone had been negligent and that this caused their son’s injuries.  Sky Zone responded and sought to compel arbitration under the Agreement. The plaintiffs contended that they did not knowingly consent to arbitration and that the Agreement was ambiguous and adhesional. The district court overruled the exception, and the court of appeal denied Sky Zone’s writ application.

Contact an Experienced New Orleans Premises Liability Lawyer Near You

If you need help or have any questions about your premises liability case, call me at 866–558–9151 or submit your inquiry online. Please be advised that you may be facing important legal deadlines, so don’t delay.

Additional Resources:

• Art. 2317. Acts of others and of things in custody
• Art. 2317.1. Damage caused by ruin, vice, or defect in things
• Art. 2322. Damage caused by ruin of building
• Art. 660. Keeping buildings in repair