New Orleans School Premises Liability Attorney
Before I became a lawyer, I was a teacher in the New Orleans charter school system. Throughout that time, I had so many great experiences interacting with students and their parents. However I unfortunately did see several incidents in which a student, a parent, or a visitor was injured by an unsafe and dangerous condition on school property.
These property defects can and should be fixed for the safety of students, and most of these injuries could have been avoided by routine maintenance and inspections. From exposed piping to unsecured fixtures, schools can be dangerous places for students and visitors alike.
When minors are injured, their parent or legal guardian should seek an attorney to institute a lawsuit on their behalf. In most school injury cases, it is a young child who was injured while on school property.
At Kiefer & Kiefer, my team and I strive to represent students who were injured by property defects while at school and get them the justice and compensation they deserve.
Premises liability in Louisiana
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 visitors. 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.
Yes, schools and their property owners can be held liable for accidents that result from their negligence in maintaining their property or by meeting their legal “duty of care.”
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 the property. Therefore, it does not apply to trespassers. The duty of care only applies to licensees, who are invited for non-business purposes, and invitees, who are invited for business purposes.
Schools are required to maintain reasonably safe premises for students and visitors. As we all know, schools can be crazy places filled with events and many types of people, however I believe that schools should still maintain their premises to a higher duty of care because they hold a responsibility to care for the children of our community.
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
- Exposed dangerous objects
- Falling debris
- Exposure to dangerous chemicals
- Poorly-maintained public spaces
- Swimming pool accidents
These examples are common types of premises liability cases, but they do not represent all of the many ways in which a person can be injured while on another’s property.
So if your child or you is injured while on school property due to an unsafe condition on the property or by a school employee’s negligence, please contact Kiefer & Kiefer for a free consultation.
How do you prove negligence in a premises liability case when you’re a parent of a student?
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.
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 school premises liability attorney
When dealing with the injury of a child or loved one, it can be a stressful time in many ways. At Kiefer & Kiefer we deeply care about helping our clients with their challenges in and out of the courtroom.
As an attorney who was once a teacher, I’m more than ready to listen and help meet the needs of you and your child at such a difficult time.
All of the attorneys at Kiefer & Kiefer know the ins and outs of a premises liability case and will help you throughout the process with frequent communication and trustworthy advice.
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.