An injury accident can occur anywhere. If you are injured while on the property of another person or entity you may be entitled to compensation through a premises liability lawsuit. Known as “premises liability”, the law often holds the owner, or occupier, of property liable for injuries suffered by an individual while on the property. Only an experienced Louisiana personal injury attorney can evaluate the specific facts and circumstances surrounding your injuries to determine if you may be entitled to compensation; however, it may be beneficial in the meantime to gain a basic understanding of the law of premises liability.
Torts is the area of the law that allows a victim to seek damages for injuries to his person or property. Premises liability is a specialized type of tort law that focuses on injuries suffered by a victim while on the property of another. Not all injuries are compensable and not all victims are entitled to compensation. Whether or not a victim is entitled to compensation for injuries suffered while on someone else’s property will depend on the victim’s legal status while on the property and the circumstances surrounding the accident.
As a general rule, the law may hold an owner or occupier (such as a tenant) of property liable for injuries suffered if the defendant knew, or should have known, of the risk or danger that caused the injuries. For example, if the owner of a grocery store was told an hour ago that a large amount of liquid spilled in one of the aisles and did nothing about the spill the owner would likely be held liable for injuries caused when a customer slipped on the liquid and fell.
The law also looks at the victim’s status while on the property. While on the property of another you may be considered an invitee, a licensee, or a trespasser. An invitee is someone who has a legal right to be on the property and is on the property for the financial gain of the property owner, such as a customer or client of a business. A licensee also has a legal right to be on the property; however, is not there for the financial gain of the owner/occupier of the property. A plumber who is there to fix a clogged sink, for instance, might be considered an invitee, finally, a trespasser has no legal right to be on the property. The law requires an owner or occupier to exercise the highest duty of care to an invitee followed by a licensee.
If you were injured while on the property of another person or business, you may be entitled to compensation for the injuries you suffered. Contact the Louisiana personal injury attorneys at Broussard & Hart, LLC by calling 866-281-4774 to schedule your appointment today to discuss the legal options that may be available to you.