Injury accidents can occur anywhere and at any time. All too often, victims of accidents, even those causing serious injuries, are unaware of their right to pursue compensation from a property owner through a premises liability lawsuit. If you have recently suffered injuries as a result of an accident while on the property of another person or business, you may now have lots of questions. You may be wondering “ What type of damages can I recover in a Louisiana premises liability case? ”
Premises liability is the area of the law that addresses injuries to a victim while the victim was on the property of another individual or entity. The types of injuries that fall under the purview of premises liability are numerous, including, but not limited to, injuries caused by the following:
- Slip and fall accidents
- Inadequate lighting
- Inadequate maintenance
- Faulty construction
- Insufficient security measures
- Escalator /elevator injuries
- Swimming pool accidents
- Dog bites
Not all injuries that occur as a result of an accident on someone else’s property are compensable. For a property owner (or occupier in some situations) to be held liable for injuries, a victim must prove that the owner “knew, or, in the exercise of reasonable care, should have known, of the vice or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care.” Louisiana Civil Code article 2322.
In addition, the victim’s status on the property is an important element in a premises liability lawsuit. The law divides visitors to the property of another into three categories – invitees, licensees, and trespassers. The duty of care a property owner has toward a visitor depends, to some extent, on the visitor’s status with an invitee receiving the highest duty of care.
The victim of a premises liability lawsuit may be entitled to both economic and non-economic damages. Economic damages are intended to compensate a victim for quantifiable, out of pocket expenses such as the cost of medical care and treatment or the wages lost as a result of the injuries suffered. Non-economic damages are subject in nature and are what people often refer to as “pain and suffering” damages.
If you suffered an injury while you were on the property of another person or business you could have the basis for a premises liability lawsuit. If successful, you could receive compensation for your injuries. Only an experienced Louisiana premises liability accident attorney can evaluate the facts and circumstances of your potential case and provide you with your legal options. Contact the Louisiana premises liability accident attorneys at Broussard & Hart, LLC by calling 855-231-6873 to schedule your appointment today.