Premises liability laws in Louisiana hold property owners responsible for keeping their properties reasonably safe for visitors. This includes businesses like casinos, hotels, and stores. If a property owner fails to fix hazards, warn guests about dangers, or maintain a safe environment, they can be held legally liable for any injuries that result.
Louisiana law requires that the property owner knew or should have known about the dangerous condition and failed to take action.
Injured guests may be able to recover damages for medical expenses, lost wages, pain and suffering, and other losses. Because these cases can be complicated, work with an experienced Lafayette premises liability lawyer.
Premises Liability Defined
Premises liability is a legal term that dictates when a property owner is liable for injuries that arise on their premises because they left them in an unsafe condition.
This can apply to homes, businesses, or public spaces, including casinos. Property owners have a duty of care to keep their premises safe, fix hazards, and warn visitors of potential dangers.
If someone is injured because the owner failed to maintain a safe environment or warn of known risks, the property owner may be legally liable. Premises liability claims allow injured individuals to seek compensation for losses. An experienced Lafayette personal injury lawyer will guide you through the process.
"I have used Galloway Jefcoat a few times and have always been very satisfied. Furthermore, all of the people who work there are very professional, nice, and courteous."
How to Prove Negligence in a Louisiana Premises Liability Case
Negligence in a Louisiana premises liability case means a property owner failed to act with reasonable care, and that failure caused someone to get injured.
Under Louisiana law, property owners must keep their properties reasonably safe for visitors by inspecting for hazards, fixing dangerous conditions, and warning guests of known risks.
Key elements of the duty-risk analysis include:
- Cause–in–fact: Did the defendant’s action actually cause the plaintiff’s harm? (e.g., using “but for” or “substantial factor” tests).
- Duty: Did the defendant owe a duty of care to the plaintiff based on the relationship or circumstances?
- Breach of duty: Did the defendant fail to act as a reasonable person would under similar circumstances?
- Scope of duty/Scope of protection: Was the risk of harm within the scope of protection afforded by the duty breached? This is often measured by the “ease of association” between the duty, the conduct, and the injury.
- Damages: Did the plaintiff suffer actual harm?
The analysis helps determine if a defendant’s conduct is legally actionable by focusing on the relationship between the parties and the specific risk that occurred.
It also serves as a tool to evaluate legal cause, requiring a substantial, rather than remote, relationship between the act and the harm.
To prove negligence in a premises liability case, our personal injury attorneys focus on the following elements:
- Duty of care: Property owners are legally required to keep their premises in a reasonably safe condition for lawful visitors. The level of care owed may vary depending on the visitor’s status, but businesses generally owe a high duty of care to customers.
- Breach of duty: The owner breaches this duty when they fail to meet their legal responsibilities. If the owner knew or should have known about a dangerous condition and did not take reasonable steps to correct it, this can constitute a breach.
- Causation: Causation requires showing a direct link between the property owner’s breach of duty and the injury. An attorney works to demonstrate that the unsafe condition was a substantial factor in causing the accident and that the injury would not have occurred if the hazard had been properly addressed.
- Damages: Damages refer to the actual losses suffered as a result of the injury. Clear documentation of damages helps you pursue fair compensation.
Types of Visitors in Louisiana Premises Liability Cases
In Louisiana premises liability cases, a property owner’s legal duty also depends on the legal status of the injured visitor. Louisiana law generally recognizes several specific categories of visitors, each owed a different level of care:
- Invitees: Invitees are individuals who are invited onto the property for commercial reasons, such as hotel guests or retail customers. Property owners owe invitees the greatest duty of care.
- Licensees: Licensees are people who are allowed on the property for non-business reasons, such as social guests or visitors. Owners are required to warn licensees of known dangers that are not obvious.
- Trespassers: These are people who do not have permission to enter a property but do so anyway. Property owners owe trespassers a very limited duty of care and are generally only required to avoid intentional or reckless harm.
- Child trespassers: Children who trespass may receive additional legal protections under certain circumstances. If a dangerous condition is likely to attract children and poses a serious risk, property owners may be required to take reasonable steps to prevent injury, even if the child did not have permission to be on the property.
"As a client of Galloway Jefcoat for over two years I want to take a minute to say how much I appreciate the team handling my case."
Louisiana Has Strict Deadlines for Premises Liability Lawsuits
In Louisiana, there are strict time limits, known as the statute of limitations, for filing a premises liability lawsuit. For most personal injury claims, including slip-and-fall accidents, you generally have two years to file a lawsuit, based on La. Civ. Code Art. 3493.1.
Missing this deadline can prevent you from pursuing any legal recovery, even if the property owner was clearly at fault. Consult an experienced Louisiana premises liability attorney early to give your lawyer the opportunity to fully investigate the accident.
"Great experience, from day 1 I felt like I finally had someone on my side and that feeling didn't leave me for 1 single moment."
Our Attorneys Explain Premises Liability Laws in Louisiana
As one of the oldest and most respected personal injury law firms in the area, our attorneys bring a deep understanding of Louisiana premises liability laws. We take the time to explain your rights clearly and guide you through every step of the legal process.
We focus on protecting your interests and helping you pursue the full compensation you need. With our guidance, you can get through the hardest parts of your premises liability case with confidence.
Call Galloway Jefcoat Injury Attorneys today for a free case evaluation and learn why clients have trusted us to Turn Wrong Into Right since 1996.
"Galloway Jefcoat helped me at a time when I felt lost and taken advantage of by my employer."