How to Navigate Premises Liability Claims in Louisiana

Brandt Schmolke • August 31, 2023

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.

A white car with a damaged bumper is parked on the side of the road.
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Slip and fall accidents can happen when you least expect them, leading to injuries that may have long-term consequences. The actions you take in the first 48 hours are crucial for your health and any potential legal claim you may have. At Schmolke Law Firm in Baton Rouge, Louisiana, we're here to guide you through this challenging time. Here's what you need to do immediately following a slip and fall incident. 1. Seek Immediate Medical Attention Your health is the top priority. Even if you feel fine, some injuries may not manifest symptoms right away. Visiting a medical professional ensures that: Injuries are properly diagnosed and treated. Medical records document your condition, providing crucial evidence for your case. 2. Report the Incident Notify the property owner, manager, or supervisor about the accident as soon as possible. Get a Written Report: If possible, obtain a copy of any incident report filed. Detail the Event: Provide a clear and concise account of what happened without admitting fault. 3. Document Everything Gather as much information as you can while the details are fresh. Photograph the Scene: Capture images of the exact location, focusing on the hazard that caused your fall (e.g., wet floor, uneven surface). Collect Witness Information: Obtain names and contact details of anyone who saw the accident. Keep Personal Items: Preserve the clothing and shoes you were wearing, as they may serve as evidence. 4. Avoid Making Statements Be cautious about discussing the incident. Limit Conversations: Only talk about the accident with your attorney, medical professionals, and the necessary parties when reporting the incident. Don't Admit Fault: Statements made in the heat of the moment can be misinterpreted and used against you later. 5. Consult a Personal Injury Attorney Legal guidance is essential to navigate the complexities of a slip and fall claim in Louisiana. Understand Your Rights: An attorney will explain the legal options available to you. Prompt Action is Crucial: Louisiana has strict statutes of limitations for personal injury claims. Maximize Compensation: Legal representation can help you recover medical expenses, lost wages, and other damages. Conclusion The aftermath of a slip and fall accident can be overwhelming, but taking the right steps in the first 48 hours can make a significant difference in your recovery and legal claim. Don't navigate this journey alone. Contact Schmolke Law Firm today for a free consultation. Let us help you secure the compensation you deserve while you focus on healing.
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