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Premises liability claims can be tricky to navigate. If you’re not familiar with legal procedures, you may find yourself at a loss when trying to file a premises liability claim. This legal area concerns personal injuries sustained on someone else's property, whether residential or commercial. Understanding premises liability claims is particularly important in Louisiana, where the laws surrounding this legal area are known for being complex and difficult to navigate. In this blog, we’ll go over the basics of premises liability claims in Louisiana and explain the different types of liability claims you should be aware of.
1. Types of Premises Liability Claims: There are different types of premises liability claims, the most common being slip and fall and animal attacks. A slip and fall injury can happen on a wet floor, debris, or other items left on the ground. An animal attack injury typically arises when someone is bitten or attacked by a dog. Premises liability claims can also occur due to inadequate building maintenance, such as broken stairs or railings. Suppose you have suffered an injury on someone else's property. In that case, you may be entitled to a premises liability claim if the owner of the property was negligent and your injury was the result of their negligence.
2. The Burden of Proof in Premises Liability Claims: In Louisiana, the burden of proof in premises liability claims falls on the claimant. You must be able to provide evidence to establish that the property owner was negligent and that their negligence led to your injury. These types of claims can be challenging to prove, particularly if there is no witness available at the time of the incident. In such cases, it is essential to have experienced and knowledgeable premises liability lawyers who can help you navigate your claim.
3. Comparative Fault and Negligence: Louisiana observes comparative fault laws, which means that the claimant’s level of negligence will be considered along with the property owner’s negligence in the incident. In other words, if the claimant was partially responsible for the injury, the amount of damages awarded will be reduced by a factor equal to their own percentage of fault. For example, if a slip and fall victim was wearing inappropriate footwear, contributing to the accident, the property owner may argue that they were partially responsible and should thus only be liable for a portion of the damages.
4. Statute of Limitations: The statute of limitations for premises liability claims in Louisiana is one year. You must file your claim within one year from the date of the incident, or you may lose your right to file a premises liability claim altogether. This is why it's essential to start working with a premises liability lawyer as soon as possible to ensure that your claim is filed correctly within the time limit.
5. Seeking Legal Assistance: Navigating premises liability claims can be challenging and time-consuming. It is essential to seek legal assistance from experienced premises liability lawyers to ensure that you receive the correct guidance and advice. A skilled attorney can help you obtain the compensation you deserve by representing your rights and interest in negotiations or court proceedings.
Premises liability claims can have a significant impact on your life, particularly if you have suffered from severe injuries. Understanding the law in Louisiana is crucial if you want to pursue a premises liability claim successfully. Knowing the types of claims covered in this legal area, the burden of proof and negligence laws, the statute of limitations, and the importance of hiring experienced premises liability lawyers can significantly improve your chances of a successful claim. With the right assistance, you can get the compensation you deserve and start your road to recovery after an injury.
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Phone: 225-532-6540
Email: jen@schmolkelawfirm.com
9191 Siegen Ln
Suite IV-B
Baton Rouge, LA 70810
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