Suing the State of Louisiana for Defective Premises

Premises Liability

When someone suffers harm because of unsafe property conditions, they have the right to pursue compensation.

If you sustained damages on a government property, you might be able to hold the responsible party accountable for their thoughtless actions. Contact a hard-working and experienced property negligence lawyer if you need help with a case.

What is Governmental Immunity?

Also called sovereign immunity, governmental immunity is a legal doctrine that grants government officials and employees immunity from lawsuits and legal actions. The idea comes from not being able to sue the state, as a sovereign entity, without consent. However, in the case of damages incurred from torts, which are personal injuries caused by negligence (such as cases involving premises liability), Louisiana does grant immunity to governmental employees. The state, its agents, and officials, do not receive protection under the doctrine and can face a damages claim against them.

Louisiana state government workers can face lawsuits if they do something that harms someone. However, the damages payable under claims against the state are restricted because the state set limits, as outlined in LSA RS 13:5106.

Premises Liability Claims Against the Government

Federal, state, and local government properties may include buildings, parks, roadways, schools, and other facilities open to the public. Premises liability claims against the state are lawsuits filed in civil court to collect compensation for damages caused by negligence and unsafe conditions. When filing a claim against the Louisiana government, specific procedural rules are in place. Following the correct rules and procedures set by the state legislation is essential.

Under the Louisiana Governmental Claims Act set forth in LSA RS 13:5101, et seq., the injured individual must adhere to strict procedural rules.

Establishing Fault in Premises Liability Lawsuits

Establishing fault in premises liability claims against the state of Louisiana requires showing the agency responsible for maintenance and upkeep was negligent. That means establishing the presence of specific elements, including:

• The agency named as defendant had a duty of care and responsibility to maintain a reasonably safe property for those entering the premises
• The defendant violated the legal obligation by failing to address hazards they knew or should have known about, or warn visitors of the risks
• The case must also prove there is a direct link between the defect or hazardous condition, and the injuries the plaintiff sustained
• Lastly, the suit must establish that the injured visitor sustained verifiable injuries and losses because of the hazardous condition and accident on the premises

An in-depth investigation to gather the essential evidence to support the case is vital for successfully recovering damages. That includes witness statements, photographs, expert testimony, medical records, and hospital bills.

Meet With a Seasoned Property Negligence Attorney If You Wish to Sue the State of Louisiana

The governmental agencies responsible for properties open to the public have a legal obligation, or duty, to maintain the property, including the surrounding area and ensure it is safe for visitors. They must also conduct regular inspections to locate defects or hazards, repair them, and warn guests of the risks until completion.

If you suffered harm because of a dangerous condition on a government property, you have legal rights and might be able to seek compensation from the responsible party, even if the responsible party is a governmental employee. Schedule a consultation with a lawyer from our team if you believe you might have a claim against the State of Louisiana for property negligence.