Premises Liability Lawyer New Orleans, LA
When someone is injured on another’s property, it’s wise to meet with a 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 ensuring a reasonably safe environment. The injured person has to show that the property owner was negligent in this duty of safety. When a property owner is at fault for an accident on their property, they can be liable for any damages that result. If you are interested in possibly filing a claim against a property owner, contact Kiefer & Kiefer today.
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. Firstly, the owner must have had a duty of care to keep the premises safe. Secondly, the owner must have breached this duty of care in some way. Thirdly, there must have been injuries and damages that were caused from 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 a New Orleans premises liability lawyer for further assistance with your case.
Examples of Premises Cases
There are many situations that fall under the premises liability category, such as slip and fall accidents, swimming pool accidents, inadequate premises maintenance, fires, dog bites, amusement park accidents, snow or ice accidents, and elevator or escalator accidents. Some of the most common premises liability cases are slip and fall accidents, which can happen just about anywhere, but tend to occur at grocery or retail stores where spills or leaks are prevalent. Slip and falls can be caused by broken staircases, wet floors, uneven flooring, extension cords, and more. In these situations, a hazard must have been present longer than the amount of time an employee or property owner could have noticed it and attended to the matter.
Get Legal Support Today
If you think you have grounds for filing a premises liability lawsuit, contact Kiefer & Kiefer today. A New Orleans premises liability lawyer can do a case evaluation and inform you of your options during the appointment. We can help identify who could be liable or whether more than one party shares liability. We are experienced in advocating for victims who have been wrongfully hurt due to negligence or recklessness. The best way to know for sure if you have reason to file a lawsuit is by meeting with a dedicated legal professional for support. Please do not hesitate to contact our law firm so we can answer your questions and represent your case. Once we know more about what happened, we can get started.
Common Reasons To Seek Legal Appeal
Premises liability cases can be complex and challenging to navigate, especially when you’ve been injured due to someone else’s negligence on their property. In such situations, it’s crucial to consult with a skilled New Orleans premises liability lawyer who can help you seek justice and fair compensation. Here are five common scenarios where you might find yourself needing to appeal a premises liability case.
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, or inadequate lighting. If you’ve suffered injuries because of such conditions and your initial claim was denied, appealing with the help of an experienced lawyer is essential. They can gather evidence, interview witnesses, and build a strong case to prove the property owner’s negligence.
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, a New Orleans premises liability 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. A skilled premises liability lawyer can help establish the owner’s liability by proving negligence or a history of aggressive behavior in the animal.
Dangerous conditions on a property can include anything from exposed wiring to crumbling staircases, and can lead to serious injuries. If you’ve been hurt due to these hazardous conditions and your initial claim was denied, don’t give up. Seek the assistance of a New Orleans premises liability lawyer from Kiefer & Kiefer who can investigate the property thoroughly, consult experts if needed, and build a compelling case to support your appeal.
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, maintenance records, and whether the property owner complied with local regulations.
Contact Us Today
When facing the aftermath of a premises liability incident, it’s essential to remember that appealing a denied claim is often a viable option to secure the compensation you deserve. Consulting with a knowledgeable New Orleans premises liability lawyer can make a significant difference in your case’s outcome. If you find yourself in any of the situations mentioned above, don’t hesitate to seek legal assistance.
At Kiefer & Kiefer, our team of experienced premises liability lawyers is here to help you throughout the appeals process. We have a proven track record of advocating for our clients’ rights and securing the compensation they deserve. Contact us today for a confidential consultation to discuss your case and explore your legal options. Your journey to justice starts here.
Building A Strong Premises Liability Case
Our trusted New Orleans, LA premises liability lawyer knows that premises liability cases in Louisiana require meticulous attention to detail and a deep understanding of the law. These cases arise when an individual is injured on someone else’s property due to the property owner’s negligence. To build a strong premises liability case in Louisiana, it’s crucial to gather the necessary evidence.
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 establish the following:
Duty Of Care
We must 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.
Breach Of Duty
We must 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.
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.
Key Evidence For Your Premises Liability Case
To strengthen your premises liability case in Louisiana, our New Orleans premises liability lawyer will work diligently to gather the following crucial pieces of evidence:
- Incident Reports:
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.
- Witness Statements:
Statements from witnesses who saw the accident or had knowledge of the hazardous condition can be compelling evidence to support your claim.
- Photographs and Videos:
Visual evidence, such as photographs or videos taken at the scene, can vividly illustrate the hazardous condition and its role in the accident.
- Maintenance Records:
Access to maintenance records and schedules can help establish whether the property owner was fulfilling their duty to maintain a safe environment.
- Expert Opinions:
Expert 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:
Medical records documenting the extent of the injuries sustained are critical to demonstrate the causation between the accident and the harm suffered.
- Prior Incidents:
Evidence of prior incidents or accidents on the property that are similar in nature can demonstrate a pattern of negligence.
4 Common Issues In Premises Liability Cases
A New Orleans, LA premises liability lawyer can explain that these cases refer to one’s where victims suffer injuries while in a property. These 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 a skilled New Orleans premises liability 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 fluence 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. Navigating these nuances requires a keen understanding of state-specific laws and the ability to present a compelling argument that minimizes the injured party’s 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. 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.
Seek Legal Counsel Now
Premises liability cases are multifaceted, with various challenges awaiting both property owners and potential claimants. Understanding the intricacies of visitor status, the burden of proving negligence, the impact of comparative fault, and the critical importance of adhering to legal timelines and notice requirements is indispensable. Both property owners and injured parties are encouraged to seek proficient legal counsel to navigate these complexities effectively, ensuring a fair and just resolution of their premises liability claims. If you would like more legal counsel, contact a seasoned New Orleans premises liability lawyer like one from Kiefer & Kiefer now.
Contact Us 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. Set up an appointment with our New Orleans premises liability lawyer now.