Hammond Premises Liability Lawyer
Property owners have a basic duty to keep their property free from hazards, but the extent of their obligation depends on several factors. If you have suffered an injury on someone else’s property, you might be able to bring a claim for damages. A Hammond premises liability lawyer could examine your particular situation and determine if you are eligible to file a personal injury claim.
Common Accidents Lead to Premises Liability Claims
Slips, trips, and falls often form the basis for a premises liability claim. If a property owner does not keep the floors dry, walkways clear, stairs in good repair, and public spaces free of obstructions, someone is likely to fall. If injuries result, a local attorney could bring a premises liability claim on their behalf.
Some injuries that could lead to a claim include:
- Being hit with falling debris
- Swimming and diving accidents
- Animal attacks
- Elevator and escalator accidents
- Electrocution
- Exposure to toxins
Many other common scenarios could warrant a premises liability claim if they happen on property owned by someone other than the injured party.
The proper test to be applied in determining a landowner’s liability in Hammond is whether in the management of his property the landowner has acted reasonably in view of the probability of injury to others.
A “duty-risk” analysis has to be used to determine whether liability exists under the facts of a given case. Four questions have to be considered:
(1) Was the conduct or lack of conduct a cause-in-fact of the injury?
(2) What, if any, duty is owed by the property owner?
(3) Was the duty breached?
(4) Was the risk, and injury caused, within the scope of protection afforded by the duty that was breached?
A Plaintiff’s Negligence May Reduce Recovery
Plaintiffs sometimes bear partial responsibility for their injuries. Some states bar a negligent plaintiff from seeking damages from other negligent parties, but Louisiana Civil Code Article 2315 holds that a plaintiff is entitled to collect damages from other negligent parties even when they are primarily responsible for their own injuries.
A judge or jury will determine the relative fault of all parties to an action, and a persuasive premises liability attorney in Hammond could present evidence that proves the defendant bears most of the blame. If the plaintiff bears some responsibility, the judge or jury can reduce the plaintiff’s damages award by an amount proportional to their degree of fault.
A Hammond Premises Liability Attorney Could Be Your Advocate
Most businesses and homeowners have insurance policies to protect them from premises liability claims, and those insurers will fight to minimize the compensation they have to pay. Injured people could spare themselves the aggravation of negotiating with these companies on their own, and likely emerge with a more generous award, if they bring a professional on board early to advocate on their behalf.
There is a one-year statute of limitations on personal injury cases in Louisiana, so it is critical that an injured person move quickly to secure legal representation. Call a Hammond premises liability lawyer today to schedule a consultation.