If you had a slip and fall accident on a New Orleans, Louisiana sidewalk, you might be able to hold the property owner liable with a premise liability claim.
If the justice system finds the property owner at fault, you may be able to recover damages not only for your medical expenses but also for your pain and suffering. Recovering monetary damages isn’t always an easy path, so it’s important to know your rights before proceeding with this type of claim.
Keep reading to learn from Kiefer & Kiefer personal injury attorneys about how to approach your premises liability lawsuit in Louisiana.
What is premises liability in New Orleans, Louisiana?
You may have a case on your hands if you sustained an injury after a slip and fall accident.
Several instances could lead to a slip and fall, such as:
- Substances left on floors or sidewalks
- Uneven surfaces of floors or sidewalks
- Uneven surfaces in a parking lot
- Broken steps or handrails
- Inadequate lighting
- And more
Premises liability exists to hold property owners accountable for maintaining their premises – including sidewalks.
Landowners in Louisiana have a duty to make sure their property is safe for their neighbors, and if they fail to maintain that duty, then they can be held liable for damages.
Slip and falls on public sidewalks vs. private sidewalks
Premises liability applies not only to public sidewalks but also private sidewalks. There can be special statutes of limitations (time limits for when you can file a claim) around slip and fall cases on public sidewalks, but city municipalities are also responsible for maintaining public sidewalks just like private landowners.
Negligence in Louisiana slip and fall claims
In order to recover damages in a slip and fall case, you need to prove a landowner was negligent. So if you slipped and fell on a sidewalk, you need to prove they were negligent in maintaining the sidewalk.
A sidewalk can be deemed “unreasonably dangerous” for different reasons. For example, if a sidewalk is extremely cracked or broken, if there are small bumps or depressions, or other reasons.
In court, a judge will assess whether a sidewalk is “unreasonably dangerous” based on several factors. Some questions they might ask are:
- How visible was the defect?
- How big was the defect?
- Was the defect unusual or unexpected?
- And more
One important question in a slip and fall case is, “Have any accidents occurred at this location on the sidewalk before?” If other accidents have already occurred due to a specific defect on the sidewalk, then your case will be much stronger in court.
In addition to the defect and its features, you must also prove:
- The landowner failed to exercise reasonable care
- You have suffered damages due to the hazardous defect
What damages can you recover in a slip and fall case?
If you can prove a landowner’s negligence led to your slip and fall, then you can recover a variety of monetary damages – even more than just the cost of your medical bills.
When you prove a landowner’s negligence, you might be able to recover damages for:
- Future needed health care
- Emotional pain and suffering
- Lost wages for time off work
- And more
What to do after a Louisiana slip and fall accident?
There are several steps you need to take after a slip and fall accident in order to prove negligence. It is important to take the right steps after your accident if you want to sue for your accident and win your case.
- Report the accident immediately
- Take photographs of the defect or hazard that caused you to fall
- Seek medical attention
- Get witnesses’ names and contact information
- Contact a New Orleans slip and fall accident lawyer about your case
Contact Kiefer & Kiefer New Orleans personal injury lawyers today
If you think you might have a case for a slip and fall accident, then it’s essential that you have a determined personal injury lawyer on your side. In New Orleans, Louisiana, Kiefer & Kiefer has decades of experience fighting for the victims of property and landowner negligence.
We are experienced, respected, and trusted, and we put your rights over landowner profit. Contact us today to schedule a consultation about your accident.
