Tangipahoa Parish Premises Liability Lawyer
When you visit someone else’s property—whether it is a neighbor’s yard or a grocery store—you expect to be safe so long as you act in a reasonable manner. If you do get hurt because of a dangerous condition on another person’s property, though, a Tangipahoa Parish premises liability lawyer could help you understand your rights and whether you have grounds for a civil case. Although premises liability law can be confusing, an experienced personal injury attorney could help you make an informed decision about how to proceed.
Premises Liability Situations
Premises liability law covers the many ways in which someone’s property could be dangerous. Common dangers include but are not limited to:
- Icy sidewalks
- Broken stairs
- Sinkholes
- Unprotected swimming pools
- Slick floors
The type of danger present does not determine whether a case falls under the jurisdiction of premises liability law. Instead, the common unifying factor in all cases is that a dangerous condition on someone’s property harmed an unsuspecting visitor. Victims of this variety of legal negligence get hurt—and have the right to seek compensation—because a property owner failed to meet their duty to provide a reasonably safe space.
How is Premises Liability Established in Tangipahoa Parish?
While many other states must classify people as invitees, guests, or trespassers before they have a right to file a claim, Louisiana handles premises liability differently. In Tangipahoa Parish, all potential plaintiffs are asked to present a prima facie case for premises liability, which involves showing that:
- There was an unreasonably dangerous condition on the premises
- The owner or manager of the property knew of the dangerous condition, or reasonably should have known of it
- This condition directly caused the accident and resulting injuries
Once a plaintiff—or their Tangipahoa Parish premises liability attorney—demonstrates these three elements, the burden then shifts to the property owner to show that they should not be held liable. However, demonstrating a prima facie case does not ensure compensation in all cases, as a property owner may still attempt to claim a plaintiff also shares fault for an accident.
What is the Role of Comparative Fault?
Premises liability law in Tangipahoa Parish relies heavily on the concept of comparative fault. According to Louisiana Civil Code §2323, a plaintiff alleging personal injury in a premises liability case could have their compensation reduced if the court finds they bear partial fault for their injuries. More specifically, the court would decrease the plaintiff’s total damage award by a degree equivalent to the percentage of fault they bear.
Typically, an intensive investigation follows any claim of comparative negligence. Through this process, a dedicated Tangipahoa Parish premises liability lawyer can examine details like whether the property owner knew of the danger or if it was avoidable, collect related evidence, and use these facts to present a claim on an injured person’s behalf.
Regardless of comparative fault, all claims must adhere to Louisiana’s statute of limitations. Under LA Civil Code § 3492, the court may dismiss any claims that potential plaintiffs do not file within one year of the incident. This deadline ensures that any evidence used in a claim is recent and readily available.
How a Tangipahoa Parish Premises Liability Attorney Can Help
If you were hurt on someone’s property, you may face debilitating injuries, time away from work, and confusion about how to proceed. In these situations, pursuing a legal claim against a property owner for their role in the accident could help you secure the compensation you need to recover and ensure that the property owner takes steps to prevent further injuries. Contact a Tangipahoa Parish premises liability lawyer today to determine if you have a viable case, identify liable parties, and get started on your claim.