When you walk onto someone else’s property, especially as a customer of a business, usually the last thing on your mind is getting injured because of the property owner’s negligence. Unfortunately, thousands of Louisianians are injured every year on other people’s properties because of dangerous conditions that went unaddressed for days, weeks, months, or even years at a time. To make matters worse, the injuries caused can be severe and disabling.
Property owners have a legal duty to ensure their premises are safe for everyone, and when they don’t and injuries occur, they can and should be held fully liable. At Dudley DeBosier Injury Lawyers, we’ve helped many people who were hurt on others’ properties in Lafayette, and we know what it takes to build and win these cases at the negotiation table and in the courtroom.
Don’t trust just any law firm to build your premises liability case. Trust a firm with decades of experience getting clients the results they need and deserve. Contact Dudley DeBosier today for a free consultation and to learn how we can help.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners responsible for maintaining safe conditions to prevent harm to visitors, whether those are social guests, customers, or others. When a property owner fails to meet this duty of care, they may be held liable for injuries that occur as a result.
Under Louisiana law, property owners in Lafayette have a duty to keep their premises reasonably safe for visitors. This includes:
- Regularly inspecting the property for hazards
- Promptly addressing unsafe conditions
- Providing adequate warnings about potential dangers
Property owners who neglect these responsibilities may be held accountable for injuries caused by unsafe conditions.
Premises liability cases often arise when a property owner’s negligence leads to an avoidable accident. Negligence can include failing to repair hazards such as broken stair rails, ignoring safety protocols like roping off dangerous areas, or not providing adequate security such as bright lights and security cameras in a parking garage.
These preventable incidents can result in serious injuries, such as broken bones, head trauma, or even death in some cases.
Premises liability claims can involve a wide range of accidents and injuries, including:
- Slip-and-Fall Accidents: Wet floors, icy sidewalks, or spilled liquids without proper warning signs or preventative measures, such as floor mats, placed down
- Trip-and-Fall Hazards: Uneven surfaces, loose carpets, or cluttered walkways
- Inadequate Security: Poor lighting, broken locks, or lack of security measures leading to assaults or robberies
- Dog Bites and Animal Attacks: Injuries caused by a property owner’s failure to control or secure their pets
- Swimming Pool Accidents: Drownings or injuries due to lack of barriers (such as fences with locking gates), safety equipment, or supervision
- Structural Defects or Building Code Violations: Collapsing structures, faulty stairs, or non-compliant safety features
Who Can File a Premises Liability Claim in Louisiana?
In Louisiana, your ability to file a premises liability claim depends on your legal status while on the property. The law categorizes visitors into three groups, each with different levels of protection:
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Invitees
Invitees—such as customers, patrons, or delivery workers—enter a property for the owner’s benefit. Property owners owe the highest duty of care to invitees, including maintaining safe conditions, addressing hazards, and warning about known dangers.
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Licensees
Licensees are social guests or others who enter the property with the owner’s permission but not for a business purpose. Property owners must ensure the premises are reasonably safe and warn licensees about known hazards that may not be obvious.
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Trespassers
Trespassers generally cannot file a premises liability claim because they do not have permission to be on the property. However, exceptions exist specifically for children, under the “attractive nuisance doctrine,” which applies to features like swimming pools or large animals that may inadvertently lure curious children onto the property. In such cases, property owners have a duty to take reasonable precautions to prevent access by children, such as installing fences with locking gates.
What Compensation Can You Recover in a Premises Liability Case?
If you’ve been injured due to unsafe conditions on someone else’s property, you may be entitled to compensation for the damages you’ve suffered. In a premises liability case, the following types of damages may be available:
Medical Expenses
Compensation can cover both immediate and long-term medical costs, including:
- Emergency room visits
- Surgeries and hospital stays
- Rehabilitation and physical therapy
- Ongoing treatments and future medical needs related to the injury
Lost Wages and Diminished Earning Capacity
If your injury prevents you from working temporarily or permanently, you may recover:
- Lost income from missed work
- Compensation for reduced earning capacity if your injury impacts your ability to perform your job or similarly paid jobs in the future
Pain and Suffering
Pain and suffering damages compensate you for the physical pain and discomfort caused by your injury. This includes chronic pain or lingering physical limitations that affect your quality of life.
Emotional Distress
Premises liability injuries can lead to significant emotional and psychological impacts, such as anxiety, depression, or post-traumatic stress. Emotional distress damages address these mental health effects.
Wrongful Death Damages
In cases where a premises liability accident results in a fatality, surviving family members may pursue compensation for:
- Funeral and burial costs
- Loss of financial support
- Loss of companionship and emotional guidance
Every premises liability case is unique, and the compensation you may recover depends on the specifics of your situation. Our experienced legal team can evaluate your case, calculate your damages, and fight to maximize your recovery.
Understanding Louisiana’s Comparative Fault Rule
Louisiana follows a comparative fault system, which means your compensation may be reduced if you are found partially at fault for your injuries on someone else’s property. For example, if you are 20% responsible for an accident, your compensation would be reduced by 20%.
Steps to Take After a Premises Liability Accident
- Seek medical attention immediately.
- Report the incident to the property owner or manager.
- Gather evidence, such as photos, videos, and witness contact information.
- Avoid giving statements to insurance companies without legal advice.
- Contact Dudley DeBosier for a free consultation to protect your rights.
Why Choose Dudley DeBosier Injury Lawyers?
If you’re looking for a law firm to handle your premises liability case after an injury in Lafayette, you’re in the right place. Here’s why Dudley DeBosier’s team of premises liability lawyers in Lafayette is the right choice to take on your claim:
- Proven Track Record of Success: Our firm has achieved major victories in premises liability and personal injury cases. These success stories demonstrate our dedication and ability to deliver satisfactory results for our clients.
- Nearly 200 Dedicated Team Members: With a team of nearly 200 legal professionals, we bring a wealth of knowledge, experience, and resources to every case. No matter how complex your situation, we have the experience to build a strong case on your behalf.
- Personalized Representation: At Dudley DeBosier, we treat every client like family, because to us, they are. We take the time to understand your unique circumstances and provide compassionate, tailored legal representation to help you through this challenging time.
- No Fee Guarantee®: Our fee is contingent on a successful outcome for your case, which ensures that you can focus on your recovery while we focus on getting you the compensation you need. If we don’t win your case, you don’t owe us anything—giving you peace of mind throughout the process.
Contact Dudley DeBosier: Lafayette Premises Liability Lawyers
When people are injured on others’ properties due to hazardous conditions that could and should have been prevented, the property owners often deny responsibility. The insurance companies are usually even less helpful, as they’re in business to make money—and that frequently involves reducing or denying injured victims’ claims. Having experienced legal representation on your side can make all the difference in these types of cases, and that’s where we come in.
At Dudley DeBosier, we don’t let negligent property owners off the hook when dangerous conditions seriously injure innocent people. Trust our experience, dedication, and aggressive approach to getting our clients maximum compensation. Contact us today for a free consultation and to start your journey towards recovery.
