When someone enters another person’s property, there’s a reasonable expectation that they won’t get injured while there. This is the basis of the legal concept of “premises liability“—as a property owner, you are responsible for maintaining a safe environment for others.
Failure to take action that is conducive to safer environments—such as conducting regular property inspections and maintenance work—or even failure to inform citizens that there is danger leaves property owners exposed to legal recourse in the event someone gets injured. For instance, if a person slips and falls on a slick floor in a supermarket that wasn’t properly mopped, the store owner could be held responsible for damages.
In the state of Louisiana, premises liability law closely follows this definition. State law requires property owners and managers to provide safe conditions for anyone who uses their property, or else warn them if any hazardous conditions exist. If a party fails to do so and it results in an individual being injured (like the hypothetical person in the supermarket), the injured party may be able to recover compensation for medical expenses, lost wages, and other damages. Typical claims that fall under the scope of premises liability include slipping or tripping accidents, incidents due to inadequate security, unsafe public areas (i.e. sidewalks, park benches), animal attacks, and falling debris.
Property owners aren’t responsible for injuries in a premises liability case when they have fulfilled their duties to ensuring the property’s safety. A business can protect itself from phony liability cases with video surveillance systems. However, if the video footage proves negligence, those same security video systems can hurt the business in court.
Regardless of who is responsible, premises liability cases usually will not go to trial. Instead, negotiations between parties will reach a settlement. If you have a premises liability case in Louisiana, you need a skilled, trusted attorney at your side. Contact Anderson Blanda & Saltzman today.