New Orleans Premises Liability Lawyer

Dedicated Representation For Injury Victims

When someone is injured on another’s property, it’s wise to meet with our New Orleans, LA premises liability lawyer about a potential case. Premises liability lawsuits arise after someone suffers injury due to a dangerous or unsafe condition. A property owner and those who maintain it are responsible for providing a reasonably safe environment. When a property owner is at fault for an accident on their property, they can be liable for any damages that result. If you’re interested in possibly filing a claim against a negligent property owner, contact our team at Kiefer & Kiefer today. Our attorneys take the time to get to know you personally so we can fully understand what recovery looks like for you and what you need to get there, and we work together to get you back to 100% after an accident as soon as possible. Call or message us now to schedule your free consultation.

Proving Premises Negligence

Getting hurt on someone’s property does not automatically mean that there are grounds for filing a premises liability case. There are certain elements that must apply to the situation. First, the owner must have had a duty of care to keep the premises safe. Second, the owner must have breached this duty of care in some way. Third, there must have been injuries and damages that were caused by the breach of duty. All in all, you have to prove the property owner (or an employee) should have observed a hazardous condition and fixed it properly and within a reasonable timeframe, but failed to do so. Proving negligence can be easier said than implemented, so we suggest contacting our lawyer for further assistance with your case. 

Key Evidence For Your Case

To strengthen your premises liability case, our New Orleans premises liability lawyer will work diligently to gather crucial pieces of evidence such as incident reports, witness statements, photographs and videos, maintenance records, specialist opinions, medical records, and prior incidents.

Obtaining any incident reports filed by the property owner or manager can provide valuable insight into their awareness of the hazard and their response to it. Statements from witnesses who saw the accident or had knowledge of the hazardous condition can be compelling evidence to support your personal injury claim. Visual evidence, such as photographs or videos taken at the scene, can vividly illustrate the hazardous condition and its role in the accident.

Access to maintenance records and schedules can help establish whether the property owner was fulfilling their duty to maintain a safe environment. Specialist witnesses, such as engineers or safety experts, may be called upon to provide professional opinions regarding the dangerous condition and the property owner’s negligence. Medical records documenting the extent of the injuries sustained are critical to demonstrate the causation between the accident and the harm suffered. Evidence of prior incidents or accidents on the property that are similar in nature can demonstrate a pattern of negligence.

Elements Of A Strong Premises Liability Case

In Louisiana, as in many other states, the foundation of a premises liability case is proving negligence on the part of the property owner or occupier. Negligence means that the property owner failed to exercise reasonable care in maintaining their premises. To demonstrate negligence, we need to demonstrate that the property owner owed a duty of care to the injured party. The extent of this duty varies depending on the circumstances, such as whether the injured party was a guest, licensee, or trespasser.

We must also provide evidence that the property owner breached their duty of care. This could involve proving that they failed to address a known hazard or that they should have reasonably known about the hazard. Finally, we must establish a direct link between the property owner’s breach of duty and the injuries suffered by the injured party. This typically involves medical records, expert testimony, and other evidence that demonstrates the injuries resulted from the hazard.

Issues That May Arise

Premises liability cases can range from slip-and-fall accidents to inadequate maintenance or security concerns. However, despite the straightforward nature of the premise, claimants often encounter a series of common issues that can complicate these cases. Understanding these complexities is crucial for both property owners and potential claimants.

Determining The Legal Status Of The Visitor

The duty of care owed by a property owner to a visitor varies significantly based on the visitor’s legal status, which is typically categorized as an invitee, licensee, or trespasser. Invitees, often on the property for business purposes, are owed the highest duty of care, including regular inspections and prompt repair of known dangers. Licensees, who are on the premises for social reasons, must be warned of non-obvious dangers the owner is aware of. Trespassers, on the other hand, are owed the least duty of care, although property owners still cannot willfully harm them. As our skilled lawyer can explain, it can be a complex process to determine the visitor’s status, which can greatly influence a case’s result.

Proving Negligence Or Breach Of Duty

A key aspect of premises liability cases is proving that the property owner acted negligently. This involves demonstrating that the owner knew or should have known about the hazardous condition, failed to correct it or adequately warn visitors, and that this failure directly led to the injury. Collecting and presenting concrete evidence, such as maintenance records, surveillance footage, or witness statements, is paramount but can be challenging, especially in cases where the hazard was transient or not documented.

Comparative Fault And Contributory Negligence

Comparative fault, or contributory negligence can greatly influence the outcome of a particular case. These doctrines consider the injured party’s possible contribution to the accident. For instance, if the injured party was not paying attention or was in a restricted area of the property, their compensation might be reduced proportionally to their share of the fault. 

Statute Of Limitations And Notice Requirements

Premises liability cases must be proven in a timely manner. Most jurisdictions impose a statute of limitations, a deadline by which the injured party must file a claim. In Louisiana, you have two years to bring a personal injury claim to civil court. (Note: if your injury occurred on or after July 1, 2024, you only have one year to file, due to recent changes in state laws.) Certain types of properties, particularly government-owned properties, may have specific notice requirements that mandate the injured party to notify the owner within a certain period. Missing these deadlines or failing to adhere to notice requirements can lead to the dismissal of the case, irrespective of its merits.

Common Premises Liability Cases We Handle

Premises liability cases cover a wide range of incidents where property owners fail to maintain safe conditions, leading to injuries. At Kiefer & Kiefer, we handle various types of premises liability claims, including those involving slip and falls, inadequate security, dog bites, hazardous conditions, and swimming pool accidents. Below, we provide an overview of these common cases and how we can assist in pursuing appeals for denied claims.

• Slip And Fall Accidents

Slip and fall accidents are among the most prevalent types of premises liability cases. They can occur due to wet floors, uneven surfaces, poor weather conditions, or inadequate lighting. If you’ve suffered injuries because of such conditions and your initial claim was denied, appealing with the help of our experienced slip and fall lawyer is essential. We can gather evidence, interview witnesses, and build a strong case to prove the property owner’s negligence.

• Inadequate Security

Inadequate security measures can lead to incidents like assaults, robberies, or other criminal activities on a property. Property owners have a responsibility to provide a safe environment for visitors and tenants. If you’ve been a victim of a crime due to a lack of security, our lawyer can assist you in appealing your case. They’ll work to demonstrate that the property owner knew or should have known about the potential risks.

• Dog Bites And Animal Attacks

Dog bites and animal attacks often result from the negligence of pet owners or property occupants who fail to control their pets. If you’ve been injured in such an incident, an appeal may be necessary if the initial claim was denied. Our lawyer can help establish the owner’s liability by proving negligence or a history of aggressive behavior in the animal.

• Hazardous Conditions

Dangerous conditions on a property can include anything from exposed wiring to crumbling staircases and can lead to serious injuries and life-changing damages. If you’ve been hurt due to these hazardous conditions and your initial claim was denied, don’t give up. Seek the assistance of our premises liability lawyer from Kiefer & Kiefer who can investigate the property thoroughly.

• Swimming Pool Accidents

Swimming pool accidents are particularly common during the summer months, often due to a lack of proper maintenance or inadequate safety measures. If you or a loved one has suffered an injury in or around a swimming pool, an appeal may be necessary if your initial claim is denied. A premises liability lawyer can examine the pool’s safety protocols, the maintenance records, and whether the property owner complied with local regulations.

New Orleans Premises Liability Infographic

New Orleans Premises Liability Statistics

• More than one million people in the U.S. seek medical care after a slip-and-fall accident each year, or more than 2,000 people every single day. The CDC also reports that slip-and-fall accidents cause about 12 percent of all fall-related emergency room visits. – Centers for Disease Control and Prevention (CDC)
• Half of all accidental deaths that occur in the home are caused falls. Most of these injuries happen at ground level, not from an elevation. – National Floor Safety Institute
• In 2022, nearly 1 in 5 workplace deaths occurred in the construction industry; 38.4 percent of these deaths were due to falls, slips, and trips. – U.S. Bureau of Labor Statistics
• About 12,480 citizens are hospitalized every year due to injuries from dog bites. – DogsBite.org
• From 2019 to 2021, there was an average of 358 pool- or spa-related drowning fatalities reported per year; 75% of those victims were younger than 5-years-old. – Pool Safely

Premises Liability FAQs

Understanding the responsibilities of property owners and the legal process involved can help injured individuals navigate their claims more effectively. Below are answers to common questions about premises liability and how our experienced lawyers can assist.

What Responsibilities Does A Property Owner Have In Terms Of Premises Liability?

Property owners have a duty to maintain safe conditions on their premises. This includes addressing potential hazards, providing adequate warnings for known dangers, and ensuring that the property is reasonably safe for visitors. Our injury attorneys can help determine if the property owner fulfilled these responsibilities.

How Does A Premises Liability Lawyer Establish Liability In A Case?

Our lawyer establishes liability by demonstrating that the property owner was negligent in maintaining safe conditions. This involves proving that the owner knew or should have known about the hazard, failed to address it, and that the negligence led to the injury. Gathering evidence, witness statements, and expert opinions may be part of this process.

Can A Premises Liability Lawyer Help In Cases Of Injuries On Both Residential And Commercial Properties?

Yes, we can assist in cases involving injuries on both residential and commercial properties. The key factor is whether the property owner or occupier was negligent in maintaining safe conditions, regardless of the property’s nature.

What Compensation Can Be Sought In A Premises Liability Case?

Compensation in a premises liability case may include medical expenses, lost wages, pain and suffering, and property damage. The specific damages depend on the severity of the injuries and the impact they have on the individual’s life. Our premises liability lawyer advocates for fair and just compensation for our clients.

Is It Necessary To Prove The Property Owner’s Negligence In All Premises Liability Cases?

Yes, in premises liability cases, it is crucial to establish the property owner’s negligence. This involves proving that the owner knew or should have known about the hazardous conditions and failed to take reasonable steps to address them. This negligence is a key element in determining liability.

Our experienced team of attorneys can help you seek the compensation you deserve. Whether the injury occurred on a residential or commercial property, proving negligence is essential. If you have further questions about your case, contact our Louisiana premises liability lawyer for personal guidance and support.

Kiefer & Kiefer, New Orleans Premises Liability Lawyer

1100 Poydras St, New Orleans, LA 70113

Contact Our Team Today

If you or a loved one has been injured due to a hazardous condition on someone else’s property, don’t hesitate to contact Kiefer & Kiefer. We are here to fight for your rights and ensure you receive the compensation you deserve. Let us help you build a strong premises liability case tailored to your specific circumstances. Your well-being is our main concern, and we’re ready to advocate for you. Attorney Kris Kiefer has successfully helped hundreds of clients with their personal injury cases over the years. Set up an appointment with our New Orleans premises liability lawyer now.