Every person who lets other people onto their public or private property has a “duty” to keep those visitors reasonably safe from harm. Any landowner who fails to meet this duty and allows a visitor to get hurt in a preventable accident may be on the hook for all their visitor’s injuries and losses.
As a knowledgeable personal injury attorney could explain, premises liability lawsuits sometimes work differently than other personal injury claims. For the best chances possible of getting a good result from a case, work with a seasoned Cut Off premises liability lawyer who knows how to effectively handle cases like yours.
When Are Property Owners Liable for Accidents?
Under state law, property owners owe different “duties of care” to visitors on their land depending on each visitor’s reason for being there. For example, landowners have basically no duty to protect illegal trespassers from getting hurt, but landowners can be sued for injuring a trespasser by setting up traps or intentionally not fixing a dangerous property condition. Landowners may also be liable for injuring trespassing children when they would not be liable for the same injury sustained by an adult, as a Cut Off property liability attorney could further explain.
Property owners are expected to warn lawful visitors about all known hazards and fix dangerous property conditions reasonably quickly after discovering them. When a visitor is someone whose visit may provide a financial benefit, like a store customer, the owner also has a duty to inspect their property regularly and take steps to fix hazards they were not previously aware of.
How Comparative Fault Could Affect a Claim
Even when a landowner is liable for an injury on their property because they did not live up to their “duty of care,” the person who sustained the injury could hold some fault for their accident. For example, when someone slips on a spill in an aisle while running through a store, they might be found partially at fault for their own accident because they were acting irresponsibly, just like the owner was by not marking off or cleaning up the spill.
In a situation like this, Louisiana Civil Code § 2323 allows a court to assign a percentage of “comparative fault” to the injured person and reduce the total amount of money they could recover through their civil claim by that same percentage. A skilled premises liability lawyer in Cut Off could help a client avoid this during the legal process.
Get in Touch with a Cut Off Premises Liability Attorney Today
Accidents on someone else’s private or public property can lead to complicated civil claims. Without the help of legal counsel, you may end up with less money for your damages than you should be owed under state law, or possibly even no money at all.
Working with a Cut Off premises liability lawyer could help you get every cent you deserve for your injuries, all without paying anything unless you get paid first. Call today to learn more.