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New Orleans

Premises Liability Lawyer

Landowners have a duty to make sure that their property is safe for their neighbors.

If they fail to meet this standard, then property owners can be held responsible for any injuries that their property causes. In personal injury law, this type of lawsuit is known as “premises liability.”

At Kiefer & Kiefer, our clients are our neighbors – not just case numbers. That’s why we believe it’s important to hold property owners accountable for their negligent actions, and make our community safer.

Free Consultation: 504-828-3313
New Orleans

Premises Liability Lawyer

Free Consultation: 504-828-3313

Landowners have a duty to make sure that their property is safe for their neighbors.

If they fail to meet this standard, then property owners can be held responsible for any injuries that their property causes. In personal injury law, this type of lawsuit is known as “premises liability.”

At Kiefer & Kiefer, our clients are our neighbors – not just case numbers. That’s why we believe it’s important to hold property owners accountable for their negligent actions, and make our community safer.

”“I highly recommend Kiefer & Kiefer. Both Nat and Megan are amazing lawyers. They are talented, passionate, and driven to represent their clients to the best of their ability. They are backed by a great office staff that works hard to make sure your case has what it needs to move along smoothly. They all treat you like family and are always available when needed.”

~ Lori C.

Understanding Premises Liability Law in Louisiana

In Louisiana, property owners owe a “duty of care” to anyone who legally enters their property. This means that they must take reasonable action to maintain their property and prevent it from causing any injuries.

If a property owner fails to meet this standard, they can be held liable for any damages caused by their property. This means that a person injured by someone else’s property can file a premises liability lawsuit against that property owner.

In order to prove that a property owner acted negligently, you need to prove four things:
1

The defendant owned the premises.
2

There was a defective condition on the premises.
3

That defendant knew or should have known about the defective condition.
4

You have suffered damages as a result of the condition.

Common Examples of Louisiana Premises Liability Cases

There are many ways that property owners may not meet the standard of care and negligently cause an injury or accident to occur.

Here are some of the common examples of these types of issues we have seen over the years in premises liability cases:

  • 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
  • Dog bites
  • 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
  • Dog bites
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Property Owners’ Duty of Care in Louisiana

In Louisiana, the standard of care that a property owner owes you depends on the relationship that you have with them. For example, if you’re trespassing on their property, they can’t be held liable for any injuries that you suffer.

Louisiana law divides people entering another person’s property into three categories:

1

Licensees

Licensees include anyone who has been invited for non-business purposes, including social guests at a home, or someone who came into a store to use the restroom. Property owners owe a lower standard of care to licensees, but they still must take reasonable care to avoid any injuries.
2

Invitees

Invitees are anyone who have been invited for business purposes, including customers, contractors, or delivery people. Property owners owe the highest standard of care to invitees. They must regularly check for any hazards, and immediately fix a hazard or warn people about it.
3

Trespassers

Trespassers include anyone who enters private property illegally or without permission. Property owners do not owe any standard of care to trespassers, although there are some exceptions, including when the property owner should have anticipated that there would be trespassers.

Most premises liability lawsuits are filed by invitees, such as customers at a business or people on public property. But under certain circumstances, you may be able to file a lawsuit as a licensee or even a trespasser.

Recovering Damages in Premises Liability Cases

At Kiefer & Kiefer, we will conduct our own investigation into the accident. Based on which category you fall under as an entrant on their property, we will prove to a court that they owed you a duty of care, and failed to meet that standard, causing your injuries.

Once liability has been established, we just need to demonstrate the damages that you have suffered as a result of your injuries.

Here are some of the damages you can recover in a premises liability case:

  • Medical bills
  • Recovery and treatment costs
  • Past, present, and future lost wages
  • Loss of earning ability
  • Emotional distress
  • Pain and suffering

Premise Liability Attorney FAQs

How Is Liability Determined in a Premises Liability Case?
Liability in premises liability cases is determined by assessing the duty of care that a property owner or manager has for your safety and evaluating whether their actions or care of the property reached the level of breaching the appropriate level of care. Your premise liability lawyer will likely investigate whether the property owner had knowledge of the hazardous conditions on the property yet failed to address them, fix them, or clean them up. If your lawyer demonstrates that the property owner knew, or should have known, that the property was dangerous and didn’t rectify it, then they can be held liable for any harm suffered by visitors.
What Common Defenses Do Property Owners Use in These Cases?
Property owners have many defenses available to them to mitigate liability in premises liability claims. One of the most common defenses is that the victim was trespassing (and did not have the right to be on the property). However, a skilled premise liability lawyer may be able to counteract this, depending on the circumstances. Another common defense the attorneys at Keifer & Keifer often encounter is that you, the victim, were careless of your own safety. They could cite anything from the speed you were walking to the type of shoes you had on.
How Do I Handle Insurance Companies After an Accident?
Ideally, you should refer any communication or contact from the property owner’s insurance company to your own premise liability lawyer. Depending on the circumstances, you may need to report the accident to your insurance company. It’s not uncommon for insurance adjusters in these cases to request a “statement” from you, but don’t be fooled. It’s their attempt to get you to say something they can use as an excuse to deny or minimize your claim. Avoid giving a written or recorded statement, and prepare all communications for your attorney. When you work with Kiefer & Kiefer for your claim, we gladly handle all communications with the other party and their insurance company for you.
What If the Property Owner Has No Insurance?
A property owner without insurance or one that is underinsured can pose some problems for your claim. Usually, it’s the property owner’s insurance that pays the claim. However, the property owner still has a duty to care for your safety and is still legally liable for any harm that someone suffers due to unsafe conditions on their property. That being said, without insurance, collecting any award could get tricky, as the defendant may not have the funds to pay you. A judge could order assets sold or wages garnished to pay your damages.
What Types of Injuries Are Common in Premises Liability Cases?
Some of the most common injuries in premises liability claims are broken bones, soft tissue damage (like sprains, strains, or torn ligaments or tendons), and neck or spine damage. Concussions and head trauma are also common, which could mean brain damage. You may also suffer injuries related to inadequate security, such as assault or theft, leading to emotional distress or physical harm. In your case, you may be eligible for compensation for the physical harm you suffered, as well as emotional trauma and psychological harm. Many people who were victims of a crime may develop PTSD, anxiety, depression, or other mental health concerns after the incident. Your settlement can help cover the cost of the psychological care you need.
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Contact Kiefer & Kiefer Today

Our mission is to represent the interests of our community to the best of our ability. That means holding property owners accountable and making sure you receive all the compensation you deserve.

Contact us today to schedule a free consultation.

FREE CONSULTATION: 504-828-3313

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