When people go out of town, the last thing they want to do is face an accident. Unfortunately, there are times when others’ actions lead to dreaded injuries while on vacation.
If you were injured as a New Orleans tourist, it might seem difficult to pursue a case once you have to return home. However, a tourist premises liability lawyer will be diligent to recover the damages owed to you by a negligent business or party.
Learn more about tourist premises liability law from our Louisiana team of attorneys at Kiefer & Kiefer.
What is premises liability?
If you’ve been lucky enough to avoid a personal injury case until now, you might not be familiar with the concept of premises liability.
Premises liability outlines a landowner’s duty to make sure their property is safe for their neighbors. If they fail to meet a legal standard of safety, landowners can be held responsible for any injuries incurred due to their negligence.
A premises liability lawsuit is one that addresses a property owner’s negligence and the injuries that arose from it.
What is “duty of care” in Louisiana?
Duty of care is another phrase that often arises in premises liability cases.
A property owner’s “duty of care” is the legal requirement that they take reasonable action to maintain their property and prevent it from causing injuries.
It is important to know that duty of care applies only to people who legally access a property. Therefore, it does not apply to trespassers. Duty of care only applies to licensees, who are invited for non-business purposes, and invitees, who are invited for business purposes.
If you suffered an injury as a customer at a business, then you are considered an invitee who accessed the premises for business purposes. Most premises liability cases are filed by invitees who were patrons of a business. This can include any type property or the premises of larger companies like Walmart.
Common examples of Louisiana premises liability cases
There are many incidents that could lead to injuries and, eventually, a premises liability case.
Some common cases include:
- Slip and fall accidents
- Negligent security
- Building code violations
- Fire code violations
- Falling debris
- Exposure to dangerous chemicals
- Poorly-maintained roads or public spaces
- Swimming pool accidents
How do you prove negligence in a premises liability case when you’re from out of town?
In order to win a premises liability case, it is necessary to prove that the property owner acted with negligence. There are four factors that a judge will consider when determining if a landowner indeed acted negligently.
With the help of the New Orleans premises liability lawyer you’re working with, you will need to prove all four of the following:
- The defendant owned the premises.
- There was a defective condition on the premises.
- That defendant knew or should have known about the defective condition.
- You have suffered damages as a result of the condition.
However, if you prove all four of the conditions, then you will be entitled to several forms of compensation. Not only can you potentially be awarded damages for the cost of medical bills, but also for lost wages, emotional distress, pain and suffering, and more.
The importance of a good New Orleans tourist premises liability attorney
There is a lot of time and hassle involved with a lawsuit made from the comfort of your home city, let alone one in a city where you were a tourist. However, with the right tourist premises liability attorney, the process doesn’t have to be more difficult than it’s worth.
An experienced New Orleans tourist premises liability lawyer like our attorneys at Kiefer & Kiefer knows the ins and outs of the city and state’s system regarding premises liability cases. They can make the process easy for you as an out-of-town tourist, and take the care necessary to ease communication and travel struggles.
Contact Kiefer & Kiefer New Orleans premises liability attorneys today
Kiefer & Kiefer has hundreds of years of combined experience with personal injury cases in New Orleans, Louisiana.
Our family firm has always fought for families like yours, and individuals like you, and we treat each case as important as the last. We are here to navigate the red tape on your behalf and earn the compensation you are owed for all of your pain and suffering.
Put your case in our trusted and respected hands. Contact us today to schedule your initial consultation.
